Patna High Court
Tulsi MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 323, 380, 504
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
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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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