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Patna High Court

Pravesh Mahto @ Ram Ganesh MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the general nature of the accusations, the counter‑case, the simple injuries and the petitioners’ clean antecedents, anticipatory bail could be granted under Section 482(2) of the CrPC.

Summary

The petitioners, four members of the Mahto family, sought anticipatory bail fearing arrest in a case registered under several IPC sections for alleged assault on an informant and his family on 21 June 2024. They claimed innocence, stating the dispute arose from a land‑related altercation that resulted in minor injuries and that they have clean antecedents. The State and the informant opposed the bail, arguing the seriousness of the offences. The court examined the general and omnibus nature of the accusations, the existence of a counter‑case, the simplicity of the injuries, and the petitioners’ clean record. Finding these factors sufficient, the court granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the CrPC, to be effected within eight weeks of the order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
  • Whether the nature of the allegations, the existence of a counter‑case and the petitioners' clean antecedents justify bail
  • Whether Section 482(2) of the Criminal Procedure Code can be invoked to grant anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • land dispute
  • assault
  • clean antecedents
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67596 of 2025
                  Arising Out of PS. Case No.-297 Year-2024 Thana- PATNA CITY CHOWK District- Patna
                 ======================================================
           1.     Pravesh Mahto @ Ram Ganesh Mahto S/O Late Laxman Mahto R/O
                  Molhalla- Hiran Sah Ghat Chowk, P.S.- Chowk, District- Patna
           2.    Naresh Mahto @ Ram Naresh Mahto S/O Late Laxman Mahto R/O
                 Molhalla- Hiran Sah Ghat Chowk, P.S.- Chowk, District- Patna
           3.    Urmila Devi W/O Late Laxman Mahto R/O Molhalla- Hiran Sah Ghat
                 Chowk, P.S.- Chowk, District- Patna
           4.    Sabita Devi W/O Naresh Mahto @ Ram Naresh Mahto R/O Molhalla- Hiran
                 Sah Ghat Chowk, P.S.- Chowk, District- Patna

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Raj Krishna Jha, Advocate
                 For the State           :       Mr. Rabindra Kumar, APP
                 For the Informant       :       Mr. Atul Anand, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   13-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioners, learned APP appearing on behalf of the State and

                   learned counsel appearing on behalf of the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 147, 148,

                   149, 323, 307, 379, 504 and 506 of the Indian Penal Code.

                                3. As per prosecution case, on 21.06.2024, all the

                   F.I.R. named accused persons, including these petitioners,

                   variously armed, abused and assaulted informant and his family

                   members.
Patna High Court CR. MISC. No.67596 of 2025(4) dt.13-01-2026
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                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Assertion of right, title and

          possession over a piece of land led to maar-peet in which both

          sides sustained injuries. There is case and counter-case. Doctor

          has found the injuries, allegedly caused by these petitioners,

          simple in nature. Petitioners claim clean antecedents.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          anticipatory bail to the petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, case and

          counter-case between the parties, nature of injuries allegedly

          caused by these petitioners and clean antecedents of the

          petitioners, the prayer for grant of anticipatory bail to the

          petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of learned A.C.J.M., Patna City,

          Patna in connection with Chowk P.S. Case No. 297 of 2024,
             Patna High Court CR. MISC. No.67596 of 2025(4) dt.13-01-2026
                                                         3/3




                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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