Tulsi Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.537 of 2026 Arising Out of PS. Case No.-437 Year-2012 Thana- COMPLAINT CASE District- Lakhisarai ====================================================== Tulsi Mahto Son of Late Saudi Mahto Resident of village - Amarath, P.S.- Jamui, Distt.- Jamui.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Kumari Anupam, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-04-2026 Heard Ms. Kumari Anupam, learned counsel appearing on behalf of the petitioner and Mr. Pranav Kumar, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 437C of 2012 registered under Sections 323, 504, 380 of the Indian Penal Code.

3. As per the allegation made in the FIR, during the absence of the complainant's family on the occasion of his granddaughter's marriage, the petitioner along with other accused allegedly committed theft of household belongings.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case due to village enmity. The dispute is primarily between close relatives of the complainant, and the petitioner,

Patna High Court CR. MISC. No.537 of 2026(3) dt.02-04-2026 2/3 being merely a co-villager, has no concern with the alleged occurrence. The allegations against the petitioner is general and omnibus in nature. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having heard the rival submissions made on behalf of the parties, as well as, having considered the materials available on record, the petitioner appears to be a co-villager having no direct concern with the alleged dispute, the allegations being general and omnibus in nature, I am of the opinion that the petitioner having clean antecedent has, prima facie, made out a case to be released on anticipatory bail.

7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned District Court where the case is pending in connection with Complaint Case No. 437C of 2012, subject to the condition as laid down under Section 482 of the BNSS//438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.537 of 2026(3) dt.02-04-2026 3/3

8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T