Patna High Court
Raja Mahto @ Raja Mahton @ Raj Kumar BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, Raja Mahto.
Summary
The petitioner, Raja Mahto, applied for anticipatory bail in a case (Patarghat PS Case No. 68 of 2025) involving alleged offences under multiple sections of the Bhartiya Nyaya Sanhita, 2023, including assault, robbery and attempts to outrage modesty. The FIR alleged that a group of 23 persons, including the petitioner, entered the informant's house and committed violent acts. The petitioner contended that he was falsely implicated, that the FIR made no specific allegation against him, and that seven similarly situated co‑accused had already been granted anticipatory bail by the same court. The court considered the general and omnibus nature of the allegation against the petitioner and the precedent of bail granted to co‑accused. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court inclined to grant anticipatory bail. The application was allowed, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties if arrested within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the general allegations in the FIR
- Whether the petitioner’s lack of specific allegation and the precedent of bail to co‑accused warrant granting anticipatory bail
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, permits the court to discharge the petitioner on anticipatory bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 189(2), 190, 191(2), 191(3), 303(2), 308(2), 3(5), 351(2), 352(2), 76
Subjects
- anticipatory bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- assault
- robbery
- general allegation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9366 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- Patarghat District- Saharsa
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Raja Mahto @ Raja Mahton @ Raj Kumar Bind S/o Loha Singh @ Yogendra
Prasad Bind R/o vill - Patarghat, ward no. 8, P.s.- Patarghat, Distt.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amarnath Jha
For the Opposite Party/s : Mr.Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Patarghat Police Station Case No. 68 of 2025, dated
08.06.2025, disclosing offences punishable under
Sections 126 (2)/115(2)/118(1)/117(2)/109/76/303(2)/308
(2)/ 351 (2)/352(2)/3(5)/189(2)/191(2)/191(3)/190 of the
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 07.06.2025, at about 08:30 PM, the accused
persons named in the First Information Report including
the petitioner, total 23 in numbers, variously armed,
reached in the house of the informant and tried to outrage
her modesty. When other members of the family arrived
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there, the accused persons started assaulting them by lathi
and farsa. Co-accused Vikash Beldar assaulted Sakim by
means of farsa on the left side of his head, due to which
he sustained injury. Co-accused Kundan assaulted Md.
Mozim by means of iron rod on his chest, due to which he
sustained injury. The accused persons also snatched
ornaments and cash.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case due to previous dispute. There is no specific
allegation against the petitioner in the First Information
Report. The specific allegation of assault is against co-
accused persons, namely, Vilash Beldar and Kundan. He
further submits that similarly situated seven co-accused
persons have been granted anticipatory bail by a co-
ordinate Bench of this Court, vide order, dated
24.12.2025, passed in Criminal Misc. No. 85268 of 2025.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
the allegation against the petitioner is general and
omnibus in nature and similarly situated seven co-accused
persons have been granted anticipatory bail by a co-
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ordinate Bench of this Court, I am inclined to grant the
petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, 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 learned
Chief Judicial Magistrate, Saharsa, in connection with
Patarghat Police Station Case No. 68 of 2025, subject to
the condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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