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Patna High Court

Arbind Mahto @ Basera MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.76692 of 2025(4) dt.27-01-2026
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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
               Patna High Court CR. MISC. No.76692 of 2025(4) dt.27-01-2026
                                                           3/3




                         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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