Patna High Court
Om Prakash MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to the conditions imposed by the court.
Summary
The petitioners—Om Prakash Mahto, Vikash Kumar and Rambabu Mahto—sought anticipatory bail after a FIR was lodged alleging assault on an informant and his family on 8 August 2025 under several sections of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioners attacked the informant with iron rods and threatened his children. The petitioners contended that the case was false, arising from a petty village dispute, and that the FIR contained a general and omnibus allegation with no specific evidence, while they also highlighted their clean antecedent. The court examined the nature of the allegations, the delay in filing, and the petitioners' clean record. Considering the lack of specific particulars and the petitioners' clean antecedent, the court granted anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted in view of the general and omnibus allegations under the specified sections of the Bharatiya Nyaya Sanhita
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bharatiya Nyaya Sanhita — s. 109, 115, 117, 118, 126, 3, 329, 351, 74
Subjects
- anticipatory bail
- general and omnibus allegation
- false case
- clean antecedent
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5169 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- DIGHWARA District- Saran
======================================================
1. Om Prakash Mahto son of Late Mahavir Mahto @ Late Mahavir Mahato @
Late Mahabir Mahato Resident of Village- Aami PS- Dighwara Distt -Saran
2. Vikash Kumar son of Om Prakash Mahto Resident of Village- Aami PS-
Dighwara Distt -Saran
3. Rambabu Mahto son of Late Mahavir Mahto @ Late Mahavir Mahato @
Late Mahabir Mahato Resident of Village- Aami PS- Dighwara Distt -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Khushi Awadh, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
117(2), 109, 74, 329(4), 351(2), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per prosecution case, on 08.08.2025 at about 7
PM, wife of the informant went to Ganga Ghaat to attend call of
nature, during which all the F.I.R. named accused persons,
including these petitioners tried to misbehave with her. Upon
protest, her husband reached at the spot to save her wherein, all
Patna High Court CR. MISC. No.5169 of 2026(2) dt.03-02-2026
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the accused persons assaulted informant by means of iron rod,
daab, etc. It is further alleged that the accused persons also
reached the house of informant and pressed necks of children of
informant and threatened to kill them.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. Both
parties are co-villagers and due to petty dispute, this false and
concocted case has been lodged. Even as per F.I.R., allegation of
assault is general and omnibus. Occurrence took place on
8.8.2025 for which Fardbayan was recorded at PMCH, Patna on
19.8.2025. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering general and omnibus allegation, delay
and clean antecedent, this anticipatory bail is allowed and it is
ordered that let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate-I, Saran at Chapra in connection with Dighwara P. S.
Case No. 334 of 2025, subject to condition as laid down under
Patna High Court CR. MISC. No.5169 of 2026(2) dt.03-02-2026
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Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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