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Patna High Court

Tulsi MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to anticipatory bail.

Summary

The petitioner, Tulsi Mahto, sought anticipatory bail fearing arrest in a 2012 complaint case alleging theft and offences under Sections 323, 504 and 380 of the IPC. He contended that he was falsely implicated due to village enmity and had no direct involvement in the dispute, emphasizing his clean criminal record. The State opposed the bail, arguing the seriousness of the allegations. Justice Purnendu Singh, after hearing both sides, observed that the accusations were general and omnibus and that the petitioner, being merely a co‑villager, had no substantive connection to the alleged crime. Consequently, the court directed the District Court to grant anticipatory bail upon surrender, subject to a bail bond and verification of antecedents. The order also stipulated that the bail would lapse automatically if any other pending case against the petitioner is discovered.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482 of the Criminal Procedure Code in view of the general nature of the allegations and his clean antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482 CrPC
  • IPC offences
  • false implication
  • village enmity
  • clean antecedent
  • pre‑arrest bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.537 of 2026
                 Arising Out of PS. Case No.-437 Year-2012 Thana- COMPLAINT CASE District- Lakhisarai
                 ======================================================
                 Tulsi Mahto Son of Late Saudi Mahto Resident of village - Amarath, P.S.-
                 Jamui, Distt.- Jamui.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Kumari Anupam, Advocate
                 For the Opposite Party/s :       Mr.Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   02-04-2026                      Heard      Ms. Kumari Anupam, learned counsel

                   appearing on behalf of the petitioner and Mr. Pranav Kumar,

                   learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 437C of 2012 registered under

                   Sections 323, 504, 380 of the Indian Penal Code.

                                3. As per the allegation made in the FIR, during the

                   absence of the complainant’s family on the occasion of his

                   granddaughter’s marriage, the petitioner along with other

                   accused allegedly committed theft of household belongings.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in the

                   present case due to village enmity. The dispute is primarily

                   between close relatives of the complainant, and the petitioner,
Patna High Court CR. MISC. No.537 of 2026(3) dt.02-04-2026
                                            2/3




          being merely a co-villager, has no concern with the alleged

          occurrence. The allegations against the petitioner is general and

          omnibus in nature. The petitioner has clean antecedent. On these

          grounds, the petitioner seeks to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as,             having considered the materials

          available on record, the petitioner appears to be a co-villager

          having no direct concern with the alleged dispute, the

          allegations being general and omnibus in nature, I am of the

          opinion that the petitioner having clean antecedent has, prima

          facie, made out a case to be released on anticipatory bail.

                       7. The learned District Court is directed to release the

          petitioner on anticipatory bail, in the event of his arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of the like amount each, to the

          satisfaction of learned District Court where the case is pending

          in connection with Complaint Case No. 437C of 2012, subject

          to the condition as laid down under Section 482 of the

          BNSS//438(2) of the Cr.P.C.
           Patna High Court CR. MISC. No.537 of 2026(3) dt.02-04-2026
                                                       3/3




                                  8. The learned District Court is directed to verify

                     the criminal antecedent of the petitioner, as stated in

                     paragraph no. 3 of the bail application. If any other case is

                     pending against the petitioner, as what has been stated in

                     paragraph no. 3, this order will lose its force automatically.



                                                (Purnendu Singh, J)
Ashishsingh/-

U      T


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