Patna High Court
Mahangu MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petitioners' application for anticipatory bail, subject to specified conditions.
Summary
The petitioners, six brothers from the Mahto family, sought anticipatory bail fearing arrest in a 2023 case (Kesariya P.S. Case No.167) involving alleged arson and offences under IPC sections 341, 323, 436, 504, 506 and 34. They claimed the allegations were false, arising from a land dispute, and that a compromise had been reached between them and the informant, who are agnates. The petitioners asserted they have clean antecedents, while the State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail under Section 438(2) of the CrPC, subject to conditions including bail bonds, sureties, presence in court, and verification of criminal antecedents. The order also stipulated that any violation could lead to cancellation of bail, and that the observations in the order would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the CrPC in view of the alleged offences.
- Whether the existence of a compromise and the petitioners' clean antecedents justify the grant of anticipatory bail.
- Whether the seriousness of the alleged arson and related IPC offences warrants denial of bail.
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- arson
- land dispute
- false implication
- IPC sections 341, 323, 436, 504, 506, 34
- bail conditions
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6395 of 2026
Arising Out of PS. Case No.-167 Year-2023 Thana- KESARIA District- East Champaran
======================================================
1. Mahangu Mahto, S/o Late Ram Dayal Mahato R/o Village - Kesariya Ward
No. 08, P.S - Kesariya, District - East Champaran
2. Manoj Mahto, S/o Mahangu Mahto R/o Village - Kesariya Ward No. 08, P.S
- Kesariya, District - East Champaran
3. Sanoj Mahto, S/o Mahangu Mahto R/o Village - Kesariya Ward No. 08, P.S -
Kesariya, District - East Champaran
4. Jitendra Mahto, S/o Mahangu Mahto R/o Village - Kesariya Ward No. 08,
P.S - Kesariya, District - East Champaran
5. Lalka Mahto @ Pradeep Mahto, S/o Mahangu Mahto R/o Village - Kesariya
Ward No. 08, P.S - Kesariya, District - East Champaran
6. Golu Mahto @ Deepak Kumar, S/o Mahangu Mahto R/o Village - Kesariya
Ward No. 08, P.S - Kesariya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar No.III, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners apprehend their arrest in connection
with Kesariya P.S. Case No.167 of 2023 registered for the
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offences under Sections 341, 323, 436, 504, 506, 34 of the
Indian Penal Code.
3. The allegation against the petitioners is that they
have lit the house of the informant on fire, in which Rs.10,000/-
cash along with clothes ornaments and goats were burned.
4. Learned counsel for the petitioners submits that the
petitioners have falsely been implicated on account of a land
dispute between the parties. It has been admitted by the learned
counsel for the petitioners that the case was of the year 2023,
however, on account of a compromise entered between the
parties, they did not move the Court below under
misconception. It has next been submitted that from the
compromise petition it would be evident that the petitioners and
the informant are agnates and good sense has prevailed and the
parties have compromised on the issue. It has lastly been
submitted that the petitioners have clean antecedents.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioners above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
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within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Kesariya P.S. Case No.167 of 2023, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioners shall
be their close relative.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive
dates, or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be cancelled by
the Court concerned.
(iv) If the petitioners are found involved in
similar nature of offence in future, the prosecution shall
be at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed
their criminal antecedent, the court below shall take
step for cancellation of bail bond of the petitioners.
However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose
of or in the name of verification.
7. Accordingly, the prayer for anticipatory bail is
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allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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