Patna High Court

GANGO MAHALDARversusThe State of Bihar

Decided: 21 January 2026
Disposal: ALLOWED
Bench: SANDEEP KUMAR

Holding

The Court held that the petitioners are entitled to anticipatory bail subject to the stipulated conditions.

Summary

The petitioners, members of the Mahaldar family, applied for anticipatory bail fearing arrest in a criminal case (PS Case No. 295 of 2018) involving offences under Sections 147, 149, 323, 379, 307, 504 and 506 of the Indian Penal Code. The prosecution alleged that they assaulted the victim in a dispute, while the petitioners claimed innocence and that the dispute had been settled. The learned counsel for the petitioners argued that the charges were false and that bail was necessary to prevent unlawful detention. The Court, after hearing both sides, allowed the application, directing that the petitioners be released on bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs. 10,000 with two sureties. The bail was conditioned on compliance with Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS.

Issues considered

Whether the petitioners are entitled to anticipatory bail under Section 438(2) of the CrPC in the pending case.
Whether the conditions imposed under Section 482 of the BNSS are applicable to grant bail.

Legislation cited

BNSS — s. 482
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 147, 149, 307, 323, 379, 504, 506

Subjects

anticipatory bail
Criminal Procedure Code
Indian Penal Code
bail bond
sureties
section 438
section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63047 of 2025
                    Arising Out of PS. Case No.-295 Year-2018 Thana- KRITYANAND NAGAR District-
                                                          Purnia
                 ======================================================
           1.     GANGO MAHALDAR S/O LATE CHINTU MAHALDAR R/o vill -
                  Fariyani, P.s- Sri Nagar, Distt.- Purnia, Bihar
           2.    Chandan Mahaldar S/o Gango Mahaldar R/o vill - Fariyani, P.s- Sri Nagar,
                 Distt.- Purnia, Bihar
           3.    Nandan Mahaldar S/o Gango Mahaldar R/o vill - Fariyani, P.s- Sri Nagar,
                 Distt.- Purnia, Bihar
           4.    Awdhesh Mahaldar @ Awdhesh Mahaldar S/o Gango Mahaldar R/o vill -
                 Fariyani, P.s- Sri Nagar, Distt.- Purnia, Bihar
           5.    Deepak Mahaldar S/o Gango Mahaldar R/o vill - Fariyani, P.s- Sri Nagar,
                 Distt.- Purnia, Bihar
           6.    Dilip Mahaldar S/o Gango Mahaldar R/o vill - Fariyani, P.s- Sri Nagar,
                 Distt.- Purnia, Bihar
           7.    Tara Devi W/o Gango Mahaldar R/o vill - Fariyani, P.s- Sri Nagar, Distt.-
                 Purnia, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Nishant Kumar Sinha
                 For the Opposite Party/s :      Mr.Md. Ataur Rahman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   21-01-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with K. Nagar (Sri Nagar) P.S. Case No. 295 of 2018

                   registered for the offence under Sections 147, 149, 323, 379,

                   307, 504, 506 of the Indian Penal Code.

                                   3. As per the prosecution case, the petitioners are
          Patna High Court CR. MISC. No.63047 of 2025(5) dt.21-01-2026
                                                      2/2




                    accused of assaulting the victim over some dispute.

                                    4. It has been submitted by the learned counsel for

                    the petitioners that the petitioners are innocent and they have

                    falsely been implicated in this case. He further submits that the

                    dispute between the parties have been settled.

                                    5. Considering the aforesaid facts, this application

                    is allowed.

                                     6. Let the petitioners, above named, in the event of

                    their arrest or surrender before the concerned Court below

                    within four weeks from today, be released on bail on furnishing

                    bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                    the like amount each to the satisfaction of the learned Chief

                    Judicial     Magistrate,       Purnea/concerned      Court   below   in

                    connection with K. Nagar (Srinagar) P.S. Case No. 295 of 2018,

                    subject to the conditions laid down in Section 438(2) of the

                    Code of Criminal Procedure, 1973 / Section 482 of the BNSS.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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