Patna High Court
Arbind Mahto @ Basera MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner with specified conditions.
Summary
Arbind Mahto was arrested on 21 July 2025 in connection with FIR dated 9 June 2025 alleging assault on the daughter‑in‑law of an informant, who later died. The petitioner contended that the allegations were false, the death was a suicide by poison, and he had a clean criminal record. The prosecution opposed bail. The court, noting the petitioner’s clean antecedent and the claim of suicide, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence or witnesses. The order also directed verification of any concealed criminal antecedent, with bail cancellation if such is found. The bail was ordered to be released without delay for verification.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 103/3(5) of BNS,2023 for alleged assault leading to death
- Whether the alleged facts constitute a prima facie case justifying continued custody
Legislation cited
- BNS, 2023 — s. 103, 3(5)
Subjects
- bail
- criminal procedure
- assault
- homicide
- suicide
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76692 of 2025
Arising Out of PS. Case No.-55 Year-2025 Thana- TEYAR District- Bhojpur
======================================================
Arbind Mahto @ Basera Mahto Son of Hira Lal Singh @ Hira Lal Mahto R/o
Village - Yadopur, P.S. - Tiyar, District - Bhojpur at Ara.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindeshwar Prasad Singh,Advocate
For the Opposite Party/s : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 27-01-2026 Heard Mr.Bindeshwar Prasad Singh, learned counsel
for the petitioner and Mr.Jagdhar Prasad, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
21.07.2025 in connection with Tiyar P.S. Case No. 55 of 2025,
F.I.R. dated 09.06.2025 registered for the offence punishable
under Sections 103/3(5)of BNS,2023.
3. Allegation against the petitioner is that he assaulted
to the daughter-in-law of the informant who was taken to
hospital but she died during the course of treatment.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. In fact the
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deceased has committed suicide herself and she has consumed
the poison even the informant has not supported the case of the
prosecution in her re-statement which was recorded in
paragraph-49 of the case diary and the charge has been framed
against the petitioner on 22.11.2025. The police, after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 21.07.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and petitioner has
clean antecedent, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned C.J.M., Bhojpur at Ara in connection with Tiyar P.S.
Case No. 55 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
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for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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