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Patna High Court

Ranjit MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in view of the lack of specific allegations and the minor nature of the injuries, anticipatory bail must be granted to the petitioners.

Summary

The petitioners, Ranjit Mahto and his son Kamal Kishor Kumar (alias Jalandhar Kumar), applied for anticipatory bail fearing arrest in a land‑dispute related case (PS‑Halsi Case No.21 of 2025) where they were alleged to have assaulted an informant and his wife with weapons, causing injuries and theft of jewellery. The prosecution alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The petitioners contended that the allegations were vague, the injuries were minor, and there were no specific charges against them; one petitioner had a clean record while the other had three pending cases but was on bail. The court examined whether the general nature of the accusations and the petitioners’ antecedents warranted denial of anticipatory bail under Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita. Finding the allegations non‑specific and the injuries simple, the court granted anticipatory bail with a bond of Rs 10,000 and several conditions, including appearance before the trial court and non‑interference with witnesses. The order directs release on bail if arrested within thirty days, subject to compliance with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC/Section 482 BNS when the allegations are general and the injuries are minor.
  • Whether the petitioners’ prior criminal antecedents preclude the grant of anticipatory bail.
  • Whether specific charges are required to deny anticipatory bail in a land‑dispute related assault case.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • assault
  • Bharatiya Nyaya Sanhita
  • Section 438 CrPC
  • Section 482 BNS
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90370 of 2025
                       Arising Out of PS. Case No.-21 Year-2025 Thana- HALSI District- Lakhisarai
                 ======================================================
           1.     Ranjit Mahto S/o- Late Soudi Mahto Village- Mohaddinagar PS-Halsi Dist-
                  Lakhisarai
           2.    Kamal Kishor Kumar @ Jalandhar Kumar S/o- Ranjit Mahto Village-
                 Mohaddinagar PS-Halsi Dist- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Parmanand Pd. Nr. Sahi, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   15-01-2026                    Heard the learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioners are apprehending their arrest in

                   connection with Halsi P.S. Case No.21 of 2025, F.I.R dated

                   30.01.2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 109(1), 303(2), 352, 329(4), 351(2) and

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, due to an ongoing

                   land dispute with Ranjit Mahto pending before the Janta Darbar,

                   all the accused persons attacked the informant and his wife on

                   29.01.2025 at about 8:00 a.m. while they were cleaning their

                   vehicle. The accused abused and threatened to kill them,

                   assaulted them with weapons including an iron rod, axe, khanti,
Patna High Court CR. MISC. No.90370 of 2025(2) dt.15-01-2026
                                            2/4




          and a pistol, causing injuries to both. On hearing the

          commotion, villagers arrived and informed the police by

          dialling 112. The police reached the spot and sent the injured

          persons to Halsi Government Hospital for treatment. It is further

          alleged that the accused also took away a gold chain and

          earrings.

                      4. Learned counsel for the petitioners submits that the

          for a existing land dispute, the petitioners are said to have been

          roped in the present case and the co-accused namely, Jalandhar

          Kumar has been shown to be son of the petitioner, namely,

          Ranjit Mahto and there is no specific allegations levelled against

          these petitioners rather the allegations are general and omnibus

          in nature and from the injury report, it appears that the injuries

          which is said to have been caused to the informant are simple in

          nature and does not corroborate with the allegations which is

          said to have been levelled against these petitioners. The

          petitioner No.2 has clean antecedent and petitioner No.1 has

          three criminal antecedent but he is on bail in all the said cases.

                      5. Learned counsel for the petitioners undertakes to

          maintain peace and harmony with the informant and in case of

          any further similar nature of allegations being levelled against

          them and if the Police finds substance in the complaint made by
Patna High Court CR. MISC. No.90370 of 2025(2) dt.15-01-2026
                                            3/4




          the informant, they may be at liberty to seek cancellation of

          anticipatory bail.

                      6. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       7. Considering the aforesaid facts and circumstances

          that there is no specific allegations levelled against these

          petitioners rather the allegations are general and omnibus in

          nature and from the injury report, it appears that the injuries,

          which is said to have been caused to the informant, are simple in

          nature and the petitioner No.2 has clean antecedent and

          petitioner No.1, though has three criminal antecedent, he is on

          bail in all the said cases. Accordingly, this Court is inclined to

          grant the privilege of anticipatory bail to the petitioner.

                       8. Let the petitioners, above named, in the event of

          their 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 Chief Judicial Magistrate, Lakhisarai, in connection

          with Halsi P.S. Case No.21 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
           Patna High Court CR. MISC. No.90370 of 2025(2) dt.15-01-2026
                                                       4/4




                     Sanhita and with other 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/her/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 their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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