Patna High Court
Bharosi Mahton @ Ram Bharos MahtonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted where allegations are non‑specific, but denied where a specific charge of assault causing death is made, as in the case of Gautam Mahton.
Summary
The petitioners applied for anticipatory bail in three criminal miscellaneous cases arising from a land dispute in Sahebpur Kamal where the informant alleged that a group of accused, including the petitioners, assaulted her husband, leading to his death. The court examined the FIR allegations, noting that specific assault charges were directed at Gajo Mahto and Gautam Mahton, while the other petitioners were implicated only in general, omnibus allegations. It held that anticipatory bail could be granted to those without specific charges, subject to conditions under Section 482(2) of the B.N.S.S., but denied bail to Gautam Mahton where a specific assault allegation was made. The court ordered the petitioners to furnish bail bonds of Rs 10,000 with two sureties each and directed the trial court to cancel bail if they fail to cooperate. The order was partially allowed, granting bail to petitioners 1 and 2 and rejecting it for petitioner 3.
Issues considered
- Whether anticipatory bail should be granted to the accused under the offences listed in the B.N.S.
- Whether the specific allegations against each accused justify denial of anticipatory bail
- Whether conditions under Section 482(2) of the B.N.S.S. may be imposed on anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- land dispute
- assault
- murder
- Section 482
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6507 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
1. Bharosi Mahton @ Ram Bharos Mahton S/O Bishundeo Mahto @ Bishni
Mahton Resident of Village- Sadpur, Ward No. 12, P.S- Sahebpur Kamal,
District- Begusarai.
2. Vikash Mahton S/O Shekho Mahton Resident of Village- Sadpur, Ward No.
12, P.S- Sahebpur Kamal, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 6363 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
1. Kundan Kumar @ Kundan Mahto S/O Keshi Mahton @ Kesri Prasad Singh
Resident of Village- Sadpur, P.S.- Sahebpur Kamal, District- Begusarai.
2. Kunal Kumar @ Kunal Mahto S/O Vidyanand Mahton Resident of Village-
Sadpur, P.S.- Sahebpur Kamal, District- Begusarai.
3. Chandra Sekhar Kumar @ Bhuttu Mahto S/O Keshi Mahton @ Kesi Prasad
Singh Resident of Village- Sadpur, P.S.- Sahebpur Kamal, District-
Begusarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 17517 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
1. Vidya Nand Mahton @ Bidya Nand Mahto Son of Kari Mahton @
Rameshwar Mahton Resident of Village- Sadpur, Ward No. 12, P.S.- S.
Kamal, District- Begusarai
2. Rajiv Mahton @ Rajiv Kumar Son of Kailu Mahton Resident of Village-
Sadpur, Ward No. 12, P.S.- S. Kamal, District- Begusarai
3. Gautam Mahton @ Gautam Kumar S/o Vidya Nand Mahton @ Bidya Nand
Mahto Resident of Village- Sadpur, Ward No. 12, P.S.- S. Kamal, District-
Begusarai
Patna High Court CR. MISC. No.6507 of 2026(4) dt.30-04-2026
2/11
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 6507 of 2026)
For the Petitioner/s : Mr. Binod Kumar
Mr. Amit Prakash
Mr.Amar Kumar Singh
For the Opposite Party/s : Ms.Pushpa Sinha
Mr.Sandip Kumar Gautam
(In CRIMINAL MISCELLANEOUS No. 6363 of 2026)
For the Petitioner/s : Mr.Amar Kumar Singh
For the Opposite Party/s : Ms.Pushpa Sinha
Mr.Sandip Kumar Gautam
(In CRIMINAL MISCELLANEOUS No. 17517 of 2026)
For the Petitioner/s : Mr.Amit Prakash
For the Opposite Party/s : Ms.Tapeshwar Sharma
Mr.Sandip Kumar Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 30-04-2026 CRIMINAL MISCELLANEOUS No.6507 of 2026
1. Heard learned counsel for the petitioners, learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 126(2), 115(2), 109, 74, 351(2), 351(3), 352, 3(5) of
the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and the
informant alleges that on 08.11.2025, she along with her
husband and sister in -law had gone to their field when 15
Patna High Court CR. MISC. No.6507 of 2026(4) dt.30-04-2026
3/11
named accused persons including the petitioners came variously
armed and Vidyanand said to plough the field of her husband
(Shailesh) and if any one stopped then to kill, thereafter all the
accused persons started ploughing her field and when her
husband objected, Vidyanand gave orders to kill on which Gajo
Mahto assaulted her husband by rod on head on account of
which he bled from his nose and mouth, thereafter Gautam
assaulted her husband by lathi causing injury on head and
thereafter other accused also assaulted him. It is next alleged
that when informant her sister in-law and Garib Yadav tried to
save Shailesh, when accused persons assaulted them. Further,
injured and her husband were taken to hospital and her husband
during the course of treatment died on 19.11.2025. It is also
alleged that accused persons were intending to grab her land.
4. The learned counsel for the petitioners submits that
from perusal of the allegations as alleged in the FIR, it would
manifest that on account of dispute relating to land the
occurrence is alleged to have taken place. It is also submitted
that side of the petitioners are claiming the land as their while
informant’s side is claiming that the land belongs to them. It is
further submitted that from perusal of the allegations as alleged
in the FIR, it would manifest that specific allegation of
Patna High Court CR. MISC. No.6507 of 2026(4) dt.30-04-2026
4/11
assaulting the husband of the informant is against Gajo Mahto
and Gautam. It is next submitted that entire family members
have been implicated with general and omnibus allegations. It is
also submitted that if privilege of anticipatory bail is granted the
petitioners will not abscond rather will cooperate in the
investigation to prove their innocence.
5. Learned A.P.P. as well as informant opposes the
anticipatory bail application, but then are not in a position to
rebut the submissions of the learned counsel appearing on
behalf of the petitioners that specific allegation of assaulting the
husband of the informant by rod and lathi is against Gajo Mahto
and Gautam.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Sahebpur Kamal P. S. Case No.318 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.6507 of 2026(4) dt.30-04-2026
5/11
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioners, despite
giving assurance to this Court, are not cooperating in the
investigation or are not presenting themself as and when
required, the learned trial Court shall be at liberty to cancel the
bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
CRIMINAL MISCELLANEOUS No. 6363 of 2026
1. Heard learned counsel for the petitioners, learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 126(2), 115(2), 109, 74, 351(2), 351(3), 352, 3(5) of
the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioner nos.1 and 3 are persons with clean antecedent and
petitioner no.2 has antecedent of one case and the informant
alleges that on 08.11.2025, she along with her husband and
Patna High Court CR. MISC. No.6507 of 2026(4) dt.30-04-2026
6/11
sister in -law had gone to their field when 15 named accused
persons including the petitioners came variously armed and
Vidyanand said to plough the field of her husband (Shailesh)
and if any one stopped then to kill, thereafter all the accused
persons started ploughing her field and when her husband
objected, Vidyanand gave orders to kill on which Gajo Mahto
assaulted her husband by rod on head on account of which he
bled from his nose and mouth, thereafter Gautam assaulted her
husband by lathi causing injury on head and thereafter other
accused also assaulted him. It is next alleged that when
informant her sister in-law and Garib Yadav tried to save
Shailesh, when accused persons assaulted them. Further, injured
and her husband were taken to hospital and her husband during
the course of treatment died on 19.11.2025. It is also alleged that
accused persons were intending to grab her land.
4. The learned counsel for the petitioners submits that
from perusal of the allegations as alleged in the FIR, it would
manifest that on account of dispute relating to land the
occurrence is alleged to have taken place. It is also submitted
that side of the petitioners are claiming the land as their while
informant’s side is claiming that the land belongs to them. It is
further submitted that from perusal of the allegations as alleged
Patna High Court CR. MISC. No.6507 of 2026(4) dt.30-04-2026
7/11
in the FIR, it would manifest that specific allegation of
assaulting the husband of the informant is against Gajo Mahto
and Gautam. It is next submitted that entire family members
have been implicated with general and omnibus allegations. It is
also submitted that if privilege of anticipatory bail is granted the
petitioners will not abscond rather will cooperate in the
investigation to prove their innocence.
5. Learned A.P.P. as well as informant opposes the
anticipatory bail application, but then are not in a position to
rebut the submissions of the learned counsel appearing on
behalf of the petitioners that specific allegation of assaulting the
husband of the informant by rod and lathi is against Gajo Mahto
and Gautam.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Sahebpur Kamal P. S. Case No.318 of 2025, subject to the
Patna High Court CR. MISC. No.6507 of 2026(4) dt.30-04-2026
8/11
conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioners, despite
giving assurance to this Court, are not cooperating in the
investigation or are not presenting themself as and when
required, the learned trial Court shall be at liberty to cancel the
bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
CRIMINAL MISCELLANEOUS No. 17517 of 2026
1. Heard learned counsel for the petitioners, learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 126(2), 115(2), 109, 74, 351(2), 351(3), 352, 3(5) of
the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioner nos.1 and 2 are persons with clean antecedent and
petitioner no.3 has antecedent of one case and the informant
Patna High Court CR. MISC. No.6507 of 2026(4) dt.30-04-2026
9/11
alleges that on 08.11.2025, she along with her husband and
sister in -law had gone to their field when 15 named accused
persons including the petitioners came variously armed and
Vidyanand said to plough the field of her husband (Shailesh)
and if any one stopped then to kill, thereafter all the accused
persons started ploughing her field and when her husband
objected, Vidyanand gave orders to kill on which Gajo Mahto
assaulted her husband by rod on head on account of which he
bled from his nose and mouth, thereafter Gautam assaulted her
husband by lathi causing injury on head and thereafter other
accused also assaulted him. It is next alleged that when
informant her sister in-law and Garib Yadav tried to save
Shailesh, when accused persons assaulted them. Further, injured
and her husband were taken to hospital and her husband during
the course of treatment died on 19.11.2025. It is also alleged that
accused persons were intending to grab her land.
4. The learned counsel for the petitioners submits that
from perusal of the allegations as alleged in the FIR, it would
manifest that on account of dispute relating to land the
occurrence is alleged to have taken place. It is also submitted
that side of the petitioners are claiming the land as their while
informant’s side is claiming that the land belongs to them. It is
Patna High Court CR. MISC. No.6507 of 2026(4) dt.30-04-2026
10/11
further submitted that from perusal of the allegations as alleged
in the FIR, it would manifest that specific allegation of
assaulting the husband of the informant is against Gajo Mahto
and Gautam. It is next submitted that entire family members
have been implicated with general and omnibus allegations. It is
also submitted that if privilege of anticipatory bail is granted the
petitioners will not abscond rather will cooperate in the
investigation to prove their innocence.
5. Learned A.P.P. as well as informant opposes the
anticipatory bail application. T the learned counsel appearing on
behalf of the informant submits that no doubt speicfic allegation
of assault is not alleged against the petitioner nos.1 and 2 but
then petitioner no.3 Gautam is alleged to have assaulted the
husband of the informant by lathi causing injury on head and
her husband died subsequently during the course of treatment.
6. After hearing the learned counsel for the parties,
the petitioner nos.1 and 2, above-named, in the event of their
arrest or surrender before the learned Court below within a
period of six weeks, are directed to be released on anticipatory
bail on their furnishing bail-bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
Patna High Court CR. MISC. No.6507 of 2026(4) dt.30-04-2026
11/11
the case is pending/successor Court in connection with
Sahebpur Kamal P. S. Case No.318 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
8. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned trial Court bringing to its notice that petitioners, despite
giving assurance to this Court, are not cooperating in the
investigation or are not presenting themself as and when
required, the learned trial Court shall be at liberty to cancel the
bail bonds of the petitioners after recording reasons.
9. Let a copy of this order be sent to the concerned
Police Station through the learned trial Court.
10. So far as petitioner no.3, Gautam Mahton @
Gautam Kumar is concerned, the Court is not inclined to extend
the privilege of anticipatory bail to the petitioner no.3.
11. The prayer of the petitioner no.3, Gautam
Mahton @ Gautam Kumar for anticipatory bail stands
rejected.
(Satyavrat Verma, J)
vikash/-
U T
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