Patna High Court
Surendra MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, in view of the serious nature of the allegations, anticipatory bail could not be granted.
Summary
The petitioner, Surendra Mahto, sought anticipatory bail after being named in an FIR alleging that he, along with co‑accused, kidnapped a minor, administered a drug, and confined her in his sister's house. The FIR charges include offences under Sections 137(2), 143(4), 3(5) of the Bihar Narcotic Substances Act, 2023, Sections 8 and 12 of the POCSO Act, and Section 3(2)(va) of the SC/ST Act. The victim’s statement under Section 180 corroborated the prosecution’s case. The court examined the seriousness of the allegations, the involvement of a child, and the statutory provisions, and concluded that the gravity of the offences outweighed any consideration for anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail can be granted to the petitioner given the allegations of kidnapping, drug administration, and confinement of a minor?
- Whether the nature of offences under the Bihar Narcotic Substances Act, POCSO Act, and SC/ST Act justifies denial of anticipatory bail?
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 137(2), 143(4), 3(5)
- Protection of Children from Sexual Offences (POCSO) Act — s. 12, 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(va)
Subjects
- anticipatory bail
- kidnapping
- child sexual offence
- drug administration
- SC/ST Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7937 of 2026
Arising Out of PS. Case No.-195 Year-2025 Thana- GOPALPUR District- West Champaran
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Surendra Mahto S/O Late Hari Mahto R/O Village- Derua Pul Mushehri Tola
Ward No. 03, P.S- Goplapur, Distt.- West Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/O Ashok Manhi R/O Village- Rampur, P.S- Govindganj, Distt.- East
Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap
For the Opposite Party/s : Mr.Sadanand Paswan
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends his arrest in a case,
registered for offence punishable under Sections 137(2), 143(4),
3(5) of the B.N.S., 2023, Sections 8, 12 of the POCSO Act and
Section 3(2)(va) of the SC/ST Act.
3. Petitioner is named in the F.I.R. with specific
accusation that he along with other named accused kidnapped
the minor daughter of the informant. The victim, in her
statement recorded under Section 180 of B.N.S.S., has
supported the prosecution case and alleged that this petitioner
along with co-accused Jitendra Yadav came from behind,
Patna High Court CR. MISC. No.7937 of 2026(2) dt.20-02-2026
2/2
covered her mouth, grabbed her hands & feet and after making
her inhale some kind of drug, put her on a motorcycle, took her
to Chhapwa village and kept her in the house of his
(petitioner’s) sister.
4. Considering the nature of accusation, the prayer
for anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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