Patna High Court
Sunil Mahto @ Sunil PrasadversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The court held that bail could not be granted to the appellants given the seriousness of the alleged double murder and the absence of specific SC/ST allegations.
Summary
The appellants, Sunil Mahto and Mukhiya Mahto, appealed against the Additional Sessions Judge's order rejecting their bail application in a case involving alleged murder of two persons and alleged offences under the Bharatiya Nyaya Sanhita, the SC/ST (Prevention of Atrocities) Act and the Arms Act. The prosecution alleged that the appellants participated in a mob attack that resulted in the deaths of Himanshu Kumar and Anu Kumari, and that they committed offences under the aforementioned statutes. The appellants contended that they were merely members of the mob, faced only general and omnibus allegations, and that no specific SC/ST offence was made out against them. The Special Public Prosecutor argued that there were specific allegations of double murder and that witnesses corroborated the prosecution's case, and also noted a prior bail denial for a co‑accused. Considering the seriousness of the alleged double murder, the lack of specific SC/ST allegations, and the overall gravity of the offences, the Patna High Court declined to grant bail and dismissed the appeal.
Issues considered
- Whether the appellants are entitled to bail despite being charged with murder and offences under the Bharatiya Nyaya Sanhita, SC/ST Act and Arms Act.
- Whether specific allegations under the SC/ST (Prevention of Atrocities) Act are sufficient to sustain a bail application.
- Whether the nature and gravity of the alleged double murder justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 126(2), 190, 191(2), 191(3), 61(2)
- SC/ST (Prevention of Atrocities) Act — s. 27, 3(1)(r), 3(1)(s), 3(2)(va)
Subjects
- bail
- double murder
- SC/ST Act
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- privilege of bail
- caste based offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4121 of 2025
Arising Out of PS. Case No.-294 Year-2025 Thana- DEEPNAGAR District- Nalanda
======================================================
1. Sunil Mahto @ Sunil Prasad S/o- Fakira Mahto Village- Dumrawan, PS-
Deepnagar, District- Nalanda
2. Mukhiya Mahto @ Dayanand Kumar S/o- Sunil Mahto @ Sunil Prasad
Village- Dumrawan, PS- Deepnagar, District- Nalanda
... ... Appellant/s
Versus
1. The State of Bihar
2. Sushila Devi W/o- Om Prakash Paswan Village- Dumrawan, Po- Dumrawan
PS- Deepnagar, District- Nalanda
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sunil Prasad Singh, Advocate
For the Respondent/s : Mr. Usha Kumari 1, SPP
For the Informant : Mr. Rajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 29-01-2026 Heard learned counsel for the appellants, learned
Special Public Prosecutor for the State, learned counsel for the
informant/Respondent No. 2 and perused the case diary.
2. The instant appeal has been filed by the appellants
against the order dated 27.08.2025 passed by learned Additional
Sessions Judge-VI-cum-Special Judge SC/ST (POA) Act,
Biharsharif at Nalanda whereby the prayer for bail of the
appellants in connection with Deep Nagar P.S. Case No. 294 of
2025 under Sections 190, 191(2), 191(3), 126(2), 103(1), 61(2)
of the Bharatiya Nyaya Sanhita, 2023, read with Section 27 of
Patna High Court CR. APP (SJ) No.4121 of 2025(3) dt.29-01-2026
2/3
the Arms Act, Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST
Act and later on Sections 25(1-B)(a), 26, 35 of the Arms Act
were added, was rejected.
3. Prosecution case, in short, is that the appellants
along with other co-accused persons attacked and abused the
informant, and shot dead the deceased persons namely
Himanshu Kumar and Anu Kumari.
4. Learned counsel for the appellants submits that the
appellants are innocent and have falsely been implicated in the
present case. Learned counsel for the appellants also submits no
specific allegation has been attributed against the appellants
rather the the allegation levelled against them is general and
omnibus in nature. There is no allegation of assault on the
appellants rather they are only member of the mob. It is next
submitted that specific allegation of firing is levelled against co-
accused Kaushal Kumar and Prashant Kumar. Learned counsel
for the appellants further submits that the appellants have not
taken the caste name of the informant in public view. Hence, no
offence under the provisions of SC/ST Act is made out against
them. The appellants have no intention to disgrace the image of
the informant in public view. Charge-sheet has been submitted
in this case. The appellants are in custody since 14.07.2025.
Patna High Court CR. APP (SJ) No.4121 of 2025(3) dt.29-01-2026
3/3
Appellant no. 1 has one criminal antecedent whereas appellant
no.2 has no criminal antecedent.
5. Learned Special P.P. for the State and the informant
have vehemently opposed the prayer for grant of bail to the
appellants and submits that there is specific allegation against
the appellants of being involved in the commission of double
murder in connivance of other co-accused persons. It is further
submitted that on perusal of case diary, it transpires that
witnesses have supported the prosecution case in paragraph nos.
12, 20, 21, 63, 64, 65, 66 and 67. Hence, the appellants do not
deserve the privilege of bail. Learned Special PP further
submitted that prayer for grant of bail of a co-accused person
has already been rejected vide order dated 20.11.2025 passed in
Cr. Appeal (SJ) No. 3746 of 2025.
6. Considering the aforesaid facts and circumstances
of the case as also nature and gravity of the offence, this Court
is not inclined to grant bail to the appellants at this juncture.
7. Accordingly, the appeal stands dismissed.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
Checking your session…