Rajeshwar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22018 of 2026 Arising Out of PS. Case No.-181 Year-2025 Thana- KALYANPUR District- East Champaran ====================================================== 1.
Rajeshwar Mahto Son of Bhabhikshan Mahto @ Bhabhiksham Mahto Resident of Village - Siswasob, P.S. - Kalyanpur, District - East Champaran. 2.
Vijay Mahto Son of Parichhan Mahto Resident of Village - Siswasob, P.S. - Kalyanpur, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Madhurendra Kumar, Advocate For the State :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 109, 127(2), 115(2), 118(1), 76, 303(2), 351(2), 352 and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, abused and assaulted informant and his family members and also looted Rs. 10,000/- cash from house of informant.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.22018 of 2026(2) dt.15-04-2026 2/3 behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on account of admitted land dispute between the parties, a simple maar-peet took place in which both sides sustained injuries. There is case and counter-case. Moreover, the present F.I.R. has been lodged after inordinate delay of 23 days and there is no plausible explanation for the same, which itself makes the entire prosecution case doubtful.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, case and counter-case between the parties and delay in lodging of the F.I.R., the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-12th, East Champaran, Motihari in connection with Kalyanpur P.S. Case No. 181 of 2025, subject
Patna High Court CR. MISC. No.22018 of 2026(2) dt.15-04-2026 3/3 to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T