Patna High Court
Arun Mahto @ Arun Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that anticipatory bail should be granted to the petitioner.
Summary
Arun Mahto sought anticipatory bail fearing arrest in a criminal case (PS Case No. 76 of 2025) alleging offences under sections 126(2), 115(2), 74, 303(2), 109 and 3(5) of the BNS. The prosecution alleged that Mahto, along with others, threatened the informant, assaulted her husband with a lathi, and assaulted the informant, allegedly disrobing her, with the specific assault attributed to Surendra Mahto. The petitioner argued that the FIR contains only a vague, omnibus allegation against him, the injuries were minor, a counter‑complaint had been filed against the informant, and he has a clean antecedent. The State opposed the bail. The court, noting the lack of a specific allegation against the petitioner, the existence of a counter case, and the minor nature of injuries, granted anticipatory bail subject to conditions under Section 482(2) of the BNSS and additional safeguards.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR alleging multiple offences.
- Whether the specific allegations in the FIR sufficiently implicate the petitioner for denial of bail.
Legislation cited
Subjects
- anticipatory bail
- FIR
- assault
- counter case
- bail conditions
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69822 of 2025
Arising Out of PS. Case No.-76 Year-2025 Thana- Chakmesi District- Samastipur
======================================================
Arun Mahto @ Arun Kumar Singh S/o Sonelal Mahto R/o Village- Somnaha
Tole Maniyarpur, P.S.- Chakmehsi, District- Samastipur
.. ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Adv.
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 21-01-2026 Heard Mr. Dilip Kumar Roy, learned counsel for
the petitioners and Mr. Zainul Abedin, learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Chakmehsi P.S. Case No. 76 of 2025 registered
for the offence punishable under sections 126(2), 115(2), 74,
303(2), 109, 3(5) of the BNS on 02.06.2025 by the informant.
3. As per the prosecution case, the allegation against
the petitioner is that he along with other accused persons having
been armed with various weapons had gone to the informant’s
house and threatened them to take back the case which was filed
by the informant’s side. For this very reason, husband of the
informant was beaten by means of Lathi and when the informant
tried to rescue her husband, she was also assaulted on her head
by means of Pagharia, by one Surendra Mahto and allegedly,
her modesty was also outraged. Accordingly, the FIR.
Patna High Court CR. MISC. No.69822 of 2025(3) dt.21-01-2026
2/3
4. Learned counsel for the petitioner submits that for
an incident which is said to have taken place on 30.05.2025, a
counter case bearing Complaint Case No. 785/2025 is said to
have been registered against the informant and others. Learned
counsel further submits that from the contents of the FIR, it is
evident that there is nothing specific against this petitioner while
allegation against him is general and omnibus in nature whereas
the specific allegation of assault and disrobing the informant is
against Surendra Mahto. It has next been submitted that the
injuries which are said to have been received by the informant
and her family members are found to be simple in nature. The
petitioner has got clean antecedent.
5. On the other hand, learned APP vehemently
opposes the prayer for anticipatory bail.
6. Considering the fact that there is a case and
counter case between the parties, the injuries are simple in
nature, there is no specific allegation of overt-act against the
petitioner and the specific allegation of assault and disrobing the
informant is against Surendra Mahto, this Court is inclined to
extend the petitioner the privilege of anticipatory bail.
7. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of four
Patna High Court CR. MISC. No.69822 of 2025(3) dt.21-01-2026
3/3
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Judicial Magistrate 1st Class,
Samastipur/the court concerned in connection with aforesaid
PS Case, subject to the conditions as laid down under Section
482(2) of the BNSS as well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
U
Checking your session…