Santosh Mahto @ Santosh Kr. Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34308 of 2026 Arising Out of PS. Case No.-159 Year-2026 Thana- KATIHAR NAGAR District- Katihar ====================================================== Santosh Mahto @ Santosh Kr. Mahto S/o Chandrika Mahto Resident of Mohalla- Mofarganj, F.C.I. Chowk, P.S.- Nagar, District - Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suresh Prasad Sah, Adv For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 18-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State and learned counsel for the informant.
2. The Petitioner is apprehending his arrest in connection with Katihar Town P.S. Case No. 159 of 2026 registered for the offences punishable under Sections 126(2), 115(2), 352, 74, 316(2), 318(4), 3(5) of the BNS.
3. As per the prosecution case, Rs. 6,10,000/- in total was taken from the husband of the petitioner for the purposes of executing sale deed but neither the sale deed was executed nor the money was returned. It has further been alleged that on 06.02.2026, at 12:00 P.M., petitioner and three other unknown associates came to her house and abused in filthy languages and also pushed the informant.
Patna High Court CR. MISC. No.34308 of 2026(2) dt.18-05-2026 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has been further submitted that the narrations in FIR, clearly goes to show that this is a case of civil dispute and if the informant or her husband was aggrieved by non execution of sale deed after taking money, a suit for specific performance of contract would have been brought on record to the competent court of civil jurisdiction. It has further been submitted that petitioner has also sent legal notice to the informant for payment of balance money and execution of sale deed. It has further been submitted that petitioner has filed a sanha to this effect. It has lastly been submitted that the petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State and learned counsel for the informant has vehemently opposed the prayer for anticipatory bail of the petitioner and has submitted that petitioner from the very inception had intention to defraud the informant.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be
Patna High Court CR. MISC. No.34308 of 2026(2) dt.18-05-2026 3/3 enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned in connection with Katihar Town P.S. Case No. 159 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J) niku/sahilU T