Briz Mohan Mahto @ Braj Mohan Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40685 of 2026 Arising Out of PS. Case No.-83 Year-2026 Thana- MINAPUR District- Muzaffarpur ====================================================== Briz Mohan Mahto @ Braj Mohan Mahto S/O Late Sitaram Mahto R/O Vill.- Ramtomha, P.s-Minapur,(Panapur O.P) Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The state of bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar, Adv.
For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-07-2026
1. Heard learned counsel for the petitioner and learned A.P.P., Mr. Rabindra Kumar for the State. 2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 74, 303(2), 109, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita.
3.
Learned counsel for the petitioner submits that petitioner has antecedent of six cases but then was acquitted in two cases. It is also submitted that all cases have been instituted either by his brother or his side. It is next submitted that informant alleges that she was sleeping alone in her house on 24.02.2026 at 8 PM, when named accused persons including the petitioner along with two unknown accused came and petitioner picked the informant from the bed and dashed her on the ground
Patna High Court CR. MISC. No.40685 of 2026(3) dt.09-07-2026 2/3 and assaulted by bamboo causing injury on head, on alarm when her family members came, the accused persons assaulted them and vandalized the house and looted ornaments. 4.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that informant is daughter-in-law of the brother of the petitioner but then the said relationship has been concealed in the FIR for reasons best known to the informant. It is further submitted that informant has tried to create an impression that criminals entered her house and thereafter committed the occurrence. It is next submitted that dispute is brewing in between petitioner and his brother after the death of their father, as such, false cases are being instituted with frivolous allegation. It is next submitted that it does not appear probable that petitioner who in relation of the informant is her cousin father-in-law would indulge in such an act. It is further submitted that if privilege of anticipatory bail is granted, the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.40685 of 2026(3) dt.09-07-2026 3/3 counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Minapur P.S. Case No. 83 of 2026 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. The application stands allowed.
(Satyavrat Verma, J) rajesh/- U T