Patna High Court

Laxmi Mahto @ Lakshmi MahtoversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482(2) of the CrPC.

Summary

The petitioner, Laxmi Mahto, sought anticipatory bail fearing arrest in a complaint (Case No. 723 of 2016) alleging offences under IPC sections 341, 323, 354, 504 read with 34, related to alleged illegal cutting of Sheesham trees. Both parties claim ownership of the disputed land, and the complainant admitted that the accused also assert title. The State opposed the bail application. The Patna High Court, after considering the facts and submissions, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 20,000 with two sureties, subject to conditions under Section 482(2) of the CrPC. The order allows the petitioner to be released if arrested within six weeks, ensuring the matter proceeds without immediate detention.

Issues considered

Whether anticipatory bail can be granted in a complaint case involving offences under IPC sections 341, 323, 354, 504 read with 34.
Whether the petitioner’s apprehension of arrest justifies the grant of anticipatory bail despite the pending criminal complaint.
Whether the underlying land dispute affects the court’s discretion to grant bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Indian Penal Code — s. 323, 34, 341, 354, 504

Subjects

anticipatory bail
Indian Penal Code
Criminal Procedure Code
land dispute
Sheesham tree cutting
Section 482
Patna High Court
Samastipur

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.7746 of 2026
                     Arising Out of PS. Case No.-723 Year-2016 Thana- COMPLAINT CASE - ROSERA
                                                    District- Samastipur
                 ======================================================
                 Laxmi Mahto @ Lakshmi Mahto, Son of Rajendra Mahto, Resident of village
                 - Chandarpur, Ward No.- 1, P.S.- Hasanpur, Dist.- Samastipur.

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Mithilesh Devi Wife of Late Ram Sagar Chaudhary Resident of village -
                 Chandarpur, P.S.- Hasanpur, Dist.- Samastipur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Shishir Kumar Shishir, Advocate
                                                Mr. Binod Kumar Sinha, Advocate
                 For the State           :      Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   24-02-2026                      Heard learned counsel for the Petitioner and

                   learned APP for the State.

                                  2. The petitioner apprehends his arrest in connection

                   with Complaint Case No. 723 of 2016 registered for the

                   offences punishable under Sections 341, 323, 354 and 504 read

                   with Section 34 of the Indian Penal Code.

                                  3. Mr. Shishir Kumar Shishir, learned counsel

                   appearing for the petitioner, submits that the case of O.P. No. 2

                   is based on a complaint and the main allegation levelled by O.P.

                   No. 2 therein relates to the cutting of Indian Rosewood

                   (Sheesham) trees from the alleged land. He further submits that,

                   in fact, both parties are claiming their right, title, and interest
           Patna High Court CR. MISC. No.7746 of 2026(2) dt.24-02-2026
                                                       2/2




                     over the land in question, and in this regard, the complainant

                     herself accepted before the Enquiry Court that the accused are

                     also claiming their title over the place of occurrence.

                                4. Learned APP for the State has opposed the prayer for

                     bail of the petitioner.

                                  5. Considering the facts and circumstances of this

                     case as well as above submissions, this Court is inclined to grant

                     the relief of anticipatory bail to the petitioner. Accordingly, let

                     the petitioner named-above, in the event of his arrest or

                     surrender before the learned Court below within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

                     sureties of the like amount each to the satisfaction of the Court

                     concerned in connection with Complaint Case No. 723 of 2016,

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

                     the B.N.S.S.



                                               (Shailendra Singh, J)
maynaz/-

U     T

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