Patna High Court
Munilal Mahto @ Munnilal MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, subject to conditions prescribed under Section 482(2) of the Code of Criminal Procedure.
Summary
Munilal Mahto was arrested in connection with a case alleging that he placed his hand on a woman's breast, offences charged under Sections 74 and 76 of the B.N.S. The petitioner claimed a clean antecedent and argued that he was falsely implicated due to a family dispute involving the informant's daughter and his brother‑in‑law. The prosecution opposed bail, emphasizing the seriousness of the allegations. The Court, noting the petitioner's clean record and the possibility of false implication, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC. The bail order required the petitioner to cooperate with the trial, appear in court as directed, and prohibited tampering with evidence or witnesses, with provisions for cancellation if conditions were breached.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged sexual assault under Sections 74 and 76 of the B.N.S.
- Whether the petitioner's clean antecedent and claim of false implication justify bail despite the seriousness of the allegations.
Legislation cited
- B.N.S. — s. 74, 76
- Code of Criminal Procedure — s. 482(2)
Subjects
- bail
- sexual assault
- false implication
- clean antecedent
- Section 74
- Section 76
- CrPC 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86686 of 2025
Arising Out of PS. Case No.-187 Year-2025 Thana- MANIHARI District- Katihar
======================================================
Munilal Mahto @ Munnilal Mahto, S/o- Shiv Pujan Mahto, Resident of
Village-Naya Tola, Ward no 2, P.S.-Manihari, District-Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Mr. Harish Chandra Patel, Advocate
Mr. Isha Mishra, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Sharda Nand Mishra, learned counsel for
the petitioner and Mr. Ganesh Prasad Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Manihari P.S. Case No. 187 of 2025, F.I.R.
dated 14.07.2025 for the offences punishable under Sections 74
and 76 of the BNS.
3. According to prosecution case, when the informant
went to the market along with her daughter, the petitioner put
his hand on the breast of the informant. On this, the informant
caught his hand and directed her daughter to call the police. In
the meantime, when the police officials came the petitioner fled
away with the help of other accused persons.
Patna High Court CR. MISC. No.86686 of 2025(2) dt.08-01-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has been falsely
implicated in the present case. The allegation as alleged is false
and fabricated and the petitioner has not committed any offence
as in the F.I.R. In fact the marriage of the daughter was
performed with the brother-in-law of the petitioner and due to
some dispute arose between the daughter of the informant and
brother-in-law of the petitioner, the petitioner has falsely been
implicated in this case.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that it appears from the F.I.R. that the serious allegation
is levelled against the petitioner.
6. Considering the aforesaid facts and circumstances
that petitioner has clean antecedent and due to some family
dispute, the petitioner has falsely been implicated in this case,
let the petitioner, above named, in the event of his arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
C.J.M., Katihar in connection with Manihari P.S. Case No. 187
Patna High Court CR. MISC. No.86686 of 2025(2) dt.08-01-2026
3/3
of 2025, subject to the conditions as laid down under Section
482(2) of the Code of Criminal Procedure and with other
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
khushbu/-
U T
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