Patna High Court

Gaina @ Santosh MahtoversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner subject to the conditions specified under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Gaina @ Santosh Mahto, was implicated in a case alleging assault, robbery and related offences under several IPC sections for an incident on 12 January 2017. He claimed innocence, arguing that the allegations against him were vague and lacked specific overt acts, and noted that co‑accused had already been granted anticipatory bail. The State opposed the bail application. The Court, after considering the nature of the accusations and the surrounding circumstances, granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also stipulated compliance with the Judicial Magistrate, 1st Class, Patna City.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Whether the allegations against the petitioner are sufficiently specific to deny bail
Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

anticipatory bail
Indian Penal Code
Section 341
Section 147
Section 149
Section 323
Section 379
Section 504
Bharatiya Nagarik Suraksha Sanhita
Section 482(2)
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76781 of 2025
                      Arising Out of PS. Case No.-5 Year-2017 Thana- BAHADURPUR District- Patna
                 ======================================================
                 Gaina @ Santosh Mahto S/o Jagatveer Mahto R/o Vill- Dujra Devi Asthan,
                 P.S.- Budha Colony, Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajendra Sharma, Advocate
                 For the Opposite Party/s :      Mr. Narsingh Tanti, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 341, 147, 149, 323, 379,

                   504 of the Indian Penal Code.

                                3. Prosecution case, in brief, is that on 12.01.2017 at

                   about 6 AM, all the F.I.R. named accused persons, including this

                   petitioner, assaulted informant and looted Rs. 80,000/-. It is

                   further submitted that the accused persons also threatened

                   informant with gun and fled away.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Allegation

                   of assault is general and omnibus and there is no specific

                   allegation of overt act against petitioner. Rest of the allegations

                   are ornamental. It is further submitted that similarly situated co-
              Patna High Court CR. MISC. No.76781 of 2025(2) dt.16-01-2026
                                                          2/2




                        accused persons have already been granted anticipatory bail by

                        this Hon’ble Court vide order dated 04.02.2025 passed in Cr.

                        Misc. No. 28 of 2025.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering backdrop of the case, nature of

                        accusation and other facts and circumstances of the case, this

                        anticipatory bail is allowed and it is ordered that let the above

                        named petitioner in the event of his arrest/surrender before the

                        court below within a period of eight weeks from today, be

                        enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

                        thousand) with two sureties of the like amount each to the

                        satisfaction of learned Judicial Magistrate, 1st Class, Patna City

                        in connection with Bahadurpur P. S. Case No. 05 of 2017,

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

                        Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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