Patna High Court
MD. MAHTAB @ MAHTABversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court directed that the petitioner be released on pre‑arrest bail subject to a bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Md. Mahtab, was accused in Araria police case No. 84 of 2025 of snatching ornaments and allegedly giving a tooth bite, with charges under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. He claimed innocence, stating the allegations were ornamental and that he had no prior criminal record. The State opposed his request for pre‑arrest bail. The Court examined the nature of the allegations and the petitioner’s clean antecedent, and decided to grant pre‑arrest bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties and compliance with Section 482(2) of the B.N.S., 2023, to be filed within four weeks of arrest or surrender.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving alleged offences under Sections 126(2), 115(2), 324(4)&(5), 118(1), 109, 303(2), 74, 352, 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioner’s claim of innocence and lack of criminal antecedent warrant bail despite the seriousness of the allegations.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 324(4), 324(5), 3(5), 352, 482(2), 74
Subjects
- pre‑arrest bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- no criminal antecedent
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91063 of 2025
Arising Out of PS. Case No.-84 Year-2025 Thana- R S P.S. District- Araria
======================================================
Md. Mahtab @ Mahtab S/O Late Geyasuddin @ Md. Gaisuddin R/O Vill -
Kadwa, Ward No. 11, P.S.- Araria R.S., Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Naushaduzzoha, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Araria R.S. P.S. Case No. 84 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 324(4) & (5),
118(1), 109, 303(2), 74, 352, 3(5) of the B.N.S., 2023.
3. The case of the prosecution in short is that the only
allegation against the petitioner is that he has snatched
ornaments and has given a tooth bite.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent has been
falsely implicated in connection with the present case. He also
submits that the allegations are ornamental. The petitioner has
not done anything. He also submits that there is no allegation
Patna High Court CR. MISC. No.91063 of 2025(2) dt.06-02-2026
2/2
against the petitioner to assault the wife of the informant. He
further submits that the petitioner is having no criminal
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the nature of allegation against the
petitioner, the petitioner, above named, is directed to be released
on pre-arrest bail, in the event of his arrest or surrender before
the Court below within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Araria in connection with Araria P.S.
Case No. 84 of 2025 subject to the condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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