Allowed¶21

Madan Mahto v. The State of Bihar

Patna HC19 Aug 2025CR. MISC./33432/2025

Case brief

AI extract

What is this about?

Patna HC Crl. Misc. No.33432 of 2025, decided 19-08-2025 by Satyavrat Verma, J: anticipatory bail allowed to Madan Mahto and Manoju Kumar @ Manoj Kumar @ Manoj Mahto in Bibhutipur P.S. Case No.90 of 2018 (IPC Ss.323, 341, 354, 504, 34); notice under S.41-A Cr.P.C. served, charge-sheet and cognizance followed, no arrest during investigation; bail-bonds Rs.10,000 each with two like sureties to ACJM-II, Rosera, Samastipur; subject to S.438(2) Cr.P.C. conditions.

What did the court decide?

Anticipatory bail granted to both petitioners: release on arrest or surrender within six weeks, on bail-bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned ACJM-II, Rosera, Samastipur, subject to Section 438(2) Cr.P.C. conditions. ¶21

Madan Mahto Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners are entitled to anticipatory bail in connection with Bibhutipur P.S. Case No.90 of 2018 (offences under Sections 323, 341, 354, 504 and 34 IPC) despite cognizance having been taken on the police charge-sheet.

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Court's answer

The petitioners, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned ACJM-II, Rosera, Samastipur, in connection with Bibhutipur P.S. Case No.90 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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Ratio / Principle

Anticipatory bail was granted by the court expressly considering the submissions of the petitioners' counsel: that the offences carry punishment of seven years and less; that notice under Section 41(A) Cr.P.C. was served; that a charge-sheet was filed and cognizance taken thereafter; that the petitioners cooperated in the investigation; and that the police never endeavoured to arrest them during investigation.

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Detailed headnote1 paragraphs

Anticipatory bail allowed (Patna High Court, single Judge, oral order). Petitioners in Bibhutipur P.S. Case No.90 of 2018 (District Samastipur), charged under Sections 323, 341, 354, 504 and 34 IPC, had been served notice under Section 41(A) Cr.P.C.; police filed a charge-sheet and cognizance was taken, but the petitioners were never arrested during investigation. Held: on arrest or surrender before the learned Court below within six weeks, the petitioners are to be released on anticipatory bail on bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned ACJM-II, Rosera, Samastipur, subject to the conditions under Section 438(2) Cr.P.C. Application allowed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33432 of 2025

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Arising Out of PS. Case No.-90 Year-2018 Thana- BIBHUTIPUR District- Samastipur

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======================================================

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Madan Mahto S/O Ramsagar Mahto Resident of Village- Korbaddha Tabka, PS- Bibhutipur, District- Samastipur

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Manoju Kumar @ Manoj Kumar @ Manoj Mahto S/O Madan Mahto Resident of Village- Korbaddha Tabka, PS- Bibhutipur, District- Samastipur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Ajay Kumar Jha- A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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4 19-08-2025

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Heard learned counsel for the petitioners and

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learned APP for the State.

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The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 323, 341, 354, 504 and 34 of the Indian Penal Code.

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The learned counsel for the petitioners submits that the offences for which the instant FIR has been instituted carries punishment of seven years and less, as such, the petitioners were given notice under Section 41(A) of the Cr.P.C., but then, police after investigation submitted charge-sheet based on which, cognizance came to be taken, as such, petitioners apprehend arrest. It is next submitted that the petitioners fully cooperated

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Patna High Court CR. MISC. No.33432 of 2025(4) dt.19-08-2025 2/2

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in the investigation and the police never felt the need of arresting the petitioners, as such, no useful purpose would be served by sending the petitioners to jail based on an order of cognizance when police during the course of investigation never made any endeavour to arrest them.

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Learned A.P.P. opposes the anticipatory bail application.

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Considering the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Rosera, Samastipur in connection with Bibhutipur P. S. Case No.90 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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The application stands allowed.

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(Satyavrat Verma, J)

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vikash/-

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U T

Madan Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Madan Mahto v. The State of Bihar

Case brief

What is this about?

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