Patna High Court
Raj Ballabh Mahto @ Chacha Raj Ballabh MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The application for anticipatory bail is allowed.
Summary
The petitioners, members of the Mahto family, feared arrest in connection with Goraul Police Station Case No. 15 of 2025, which alleged offences under multiple sections of the Bharatiya Nyaya Sanhita, the POCSO Act and the SC/ST Act. They asserted that they were innocent and were being harassed due to a personal dispute with the main accused, Nitesh Kumar. The State opposed the petition for anticipatory bail, arguing the seriousness of the charges. The Court examined the allegations, particularly noting that the inclusion of the SC/ST Act provisions appeared superfluous and intended to aggravate the case. Consequently, the Court allowed the anticipatory bail application, directing the petitioners to surrender within four weeks and to furnish bail bonds of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the BNSS. The order effectively protects the petitioners from immediate arrest while the criminal proceedings continue.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the charges framed under the Bharatiya Nyaya Sanhita, POCSO Act and SC/ST Act.
- Whether the allegations under the SC/ST Act are substantive or merely added to intensify the case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 324(2), 3(5), 351(2), 352, 482(2), 64, 74, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s)
Subjects
- anticipatory bail
- SC/ST Act
- harassment
- criminal procedure
- Bharatiya Nyaya Sanhita
- POCSO Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58737 of 2025
Arising Out of PS. Case No.-15 Year-2025 Thana- GORAUL District- Vaishali
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1. Raj Ballabh Mahto @ Chacha Raj Ballabh Mahto son of Late Ram Prasad
Mahto Resident of Village- -Akhtiyarpur Sehan, P.S.- Goraul, (katahara Op)
District- Vaishali
2. Rajgir Mahto son of Late Ram Prasad Mahto Resident of Village-
-Akhtiyarpur Sehan, P.S.- Goraul, (katahara Op) District- Vaishali
3. Anita Devi Wife of Rajigir Mahto Resident of Village- -Akhtiyarpur Sehan,
P.S.- Goraul, (katahara Op) District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sapna Kumari Daughter of Amrit Kumar Resident of Village- -Akhtiyarpur
Sehan, P.S.- Goraul, (katahara Op) District- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vasant Vikas
For the Opposite Party/s : Mr.Binay Krishna
Mr. Ravi Nandan
Mr. Amit Kumar
Mr. Ashwini Kumar Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 15-01-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Goraul P.S. Case No. 15 of 2025 registered for offences under
Sections 126(2), 115(2), 74, 76, 64, 324(2), 352, 351(2) and 3(5)
of the Bharatiya Nyaya Sanhita, 2023, Sections 4/6 of the
POCSO Act and Section 3(1)(s), 3(1)(r) of the SC/ST Act.
3. As per the prosecution case, the petitioners are the
family members of the main accused Nitesh Kumar. There is
Patna High Court CR. MISC. No.58737 of 2025(6) dt.15-01-2026
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general and omnibus allegation against the petitioners.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have not committed any
offence. He further submits that the petitioners are being
harassed because of the dispute with Nitesh Kumar.
5. Learned APP for the State and the learned counsel
for the informant have vehemently opposed the prayer for bail.
6. Considering the facts and circumstances of the
case, the allegation of SC/ST Act seems to be superfluous and
has been added only to make the case serious, therefore, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
concerned Court below, Vaishali at Hajipur in connection with
Goraul P.S. Case No. 15 of 2025 subject to the conditions as laid
down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U
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