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Patna High Court

Om Prakash MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          3/3




                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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