Jogendra Mahto Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Jogendra Mahto Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail in the event of arrest/surrender within six weeks, on bail bonds of Rs. 15,000/- with two sureties of the like amount each, to the satisfaction of the Court below in connection with Bidupur P.S. Case No. 657 of 2024, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Bidupur P.S. Case No. 657 of 2024 registered under Sections 80, 238, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, should be granted anticipatory bail.

Court's answer

The petitioner is to be released on anticipatory bail in the event of arrest or surrender before the learned Court below within six weeks, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Bidupur P.S. Case No. 657 of 2024.

Ratio / Principle

The release on anticipatory bail is subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (Rudra Prakash Mishra, J, 05-02-2026). The petitioner, Jogendra Mahto, apprehended arrest in Bidupur P.S. Case No. 657 of 2024 (Thana BIDUPUR, District Vaishali), registered under Sections 80, 238, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, arising out of the prosecution case that the informant's daughter was done to death by her husband and in-laws for non-fulfillment of demand of dowry. Counsel for the petitioner urged that the allegation was general and omnibus, that the husband of the deceased was in custody, and that a co-accused had been granted regular bail vide order dated 15.02.2025 in Cr. Misc. No. 3272 of 2025; the learned APP opposed the prayer. Considering the facts and circumstances, the Court directed that the petitioner, in the event of arrest or surrender before the learned Court below within six weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each, to the satisfaction of the Court below, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44102 of 2025

Arising Out of PS. Case No.-657 Year-2024 Thana- BIDUPUR District- Vaishali

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

Jogendra Mahto Son of Liku Mahto Resident of Village - Kalyanpur Chaksik Andar Dala Naya, P.S.- Bidupur, District - Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Sinha, Advocate For the Opposite Party/s : Mr. Md. Matloob Rab, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

5 05-02-2026

Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

The petitioner apprehends arrest in connection with Bidupur P.S. Case No. 657 of 2024, registered under Sections 80, 238, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution case, in short, is that daughter of the informant has been done to death by her husband and inlaws for non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submitted that the allegation levelled against the petitioner is not specific rather the same is general and omnibus in nature. Husband of

Patna High Court CR. MISC. No.44102 of 2025(5) dt.05-02-2026 2/2

the deceased is in custody. It is next submitted that the petitioner is father-in-law of the deceased and is separate in mess and business from the husband of the deceased. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 15.02.2025 passed in Cr. Misc. No. 3272 of 2025.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bidupur P.S. Case No. 657 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J)

Rajorshi/-

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