Patna High Court
Chhathu Mahto @ Chhathu MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners, finding that the general nature of the allegations and their clean antecedents justified relief under Section 482(2).
Summary
The petitioners, four members of the Mahto family, were implicated in a FIR (Garkha PS Case No.396 of 2025) alleging assault, grievous hurt, robbery and attempted outrage of modesty under multiple sections of the Bhartiya Nagarik Suraksha Sanhita. They applied for anticipatory bail, claiming innocence, clean antecedents and that the allegations were general and omnibus with no specific evidence against any individual. The State opposed the bail. The Court observed that the allegations were indeed omnibus and, given the petitioners’ clean records, was inclined to grant anticipatory bail. Accordingly, the Court ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the BNS.
Issues considered
- Whether anticipatory bail can be granted when the FIR contains general and omnibus allegations without specific evidence against the accused
- Whether the clean antecedent of the petitioners warrants the grant of anticipatory bail under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 303(2), 352, 482(2), 76
Subjects
- anticipatory bail
- omnibus allegation
- clean antecedent
- Section 482
- Bhartiya Nagarik Suraksha Sanhita
- criminal procedure
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91915 of 2025
Arising Out of PS. Case No.-396 Year-2025 Thana- GARKHA District- Saran
======================================================
1. Chhathu Mahto @ Chhathu Mahato Son of Lagan Mahto.
2. Lagan Mahto Son of Raja Mahto
3. Pappu Mahto Son of Raja Mahto
4. Ramesh Mahto Son of Raja Mahto
All are resident of Village- Bibipur, P.S.- Garkha, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Garkha P.S. Case No.396 of 2025, registered for the
offence under Sections 191(2), 190, 126(2), 115(2), 118(1),
117(2), 109, 303(2), 352, 76 of the BNS.
3. The prosecution case, in brief, is that on 13.05.2025
Ramesh Mahto untied informant’s buffalo, which was tied in
front of informant’s house and when the informant asked
Ramesh Mahto about it, he began to abuse her in filthy language
threatening her to kill. All the named accused persons having
armed with lathi, rod came and on call of Ramesh Mahto with
intention to cause death, all named accused persons assaulted
Patna High Court CR. MISC. No.91915 of 2025(2) dt.15-01-2026
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the informant severely and caused fracture on her right leg. Her
daughter Suga Kumari and her husband Ram Bhajan Mahto
when came to save her, they were also assaulted badly by all the
accused persons jointly and caused injury on the head of Ram
Bhajan Mahto with lathi, rod and they tried to outrage modesty
of her daughter too. Further, they entered into the house of the
informant and took away ornaments and Rs.20,000/- cash. On
alarm raised, Fagu Mahto and Manoj Mahto came to whome
also the accused injured with lathi, rod. All the injured got
treatment at government hospital, Garkha from where the
husband and the daughter of the informant were referred to
PMCH, Patna on their sustaining serious injuries. Accordingly
the FIR.
4. Learned counsel for the petitioners submit that
petitioners are innocent and has committed no offence as alleged
in the FIR and he has falsely been implicated in this case.
Learned counsel for the petitioners further submit that there is
general and omnibus allegation against all the petitioners and no
specific case against anyone of them of having assaulted the
informant and also given the fact that all the petitioners have
clean antecedent.
5. The learned APP opposes the anticipatory bail
Patna High Court CR. MISC. No.91915 of 2025(2) dt.15-01-2026
3/3
application.
6. Considering the fact that there there is general and
omnibus allegation against all the petitioners and no specific
case against anyone of them of having assaulted the informant
and also given the fact that all the petitioners have clean
antecedent, this Court is inclined to grant the privilege of
anticipatory bail to the petitioner.
7. Accordingly, the petitioner above named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
anticipatory bail on his furnishing bail-bonds in the sum of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate, Saran at Chapra in connection with Garkha P.S.
Case No.396 of 2025, subject to the conditions laid down under
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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