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Patna High Court

Raj Ballabh Mahto @ Chacha Raj Ballabh MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
           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
                                                        2/2




                      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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