Patna High Court
Bipin Mahto @ Bipin Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Regular bail was granted because the prosecution failed to produce substantive evidence beyond motive, and the petitioner’s clean antecedent warranted release on bail.
Summary
The petitioner, Bipin Mahto, was arrested in connection with the death of an informant's father, alleged to have been assaulted over a wage dispute. The prosecution alleged that the deceased was found dead in a pool of blood after a confrontation, but there were no eye‑witnesses and the only link to the petitioner was a motive arising from the dispute. The petitioner argued that the case rests solely on suspicion, that he is not the owner of the brick kiln where the deceased worked, and that he has a clean antecedent. The State opposed bail, but the Court noted the lack of substantive evidence and the presence of only motive. Consequently, the Court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs 10,000 with two sureties.
Issues considered
- Whether regular bail can be granted in a case under Section 103(1) of the BNS when the prosecution evidence is limited to motive and lacks eye‑witness testimony
- Whether the petitioner’s clean antecedent and lack of substantive material justify bail despite the seriousness of the alleged offence
Legislation cited
- Bihar Negotiable Instruments Act — s. 103(1)
Subjects
- regular bail
- Section 103(1)
- lack of eye‑witness
- motive
- clean antecedent
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11499 of 2026
Arising Out of PS. Case No.-169 Year-2025 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Bipin Mahto @ Bipin Kumar Mahto S/o Ram Sewak Mahto R/o Village -
Basahi, P.S - Cheriabariarpur, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Giri
For the Opposite Party/s : Mr.Shantanu Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 04-05-2026 Heard learned counsel for the parties.
2 The petitioner seeks regular bail in a case registered
for the offence punishable under Section 103 (1) of the BNS.
3 The prosecution case, in short, is that the
informant’s father went to the petitioner’s house demanding his
wages due to which he was assaulted. It is further alleged that
informant’s father was sleeping in his house and in the morning,
he was found dead in the pool of blood.
4 Learned counsel for the petitioner submits that
from perusal of the FIR, it is clear that there is no eye witness in
this case. The name of the petitioner has surfaced in this case
only on the basis that there has been some dispute between the
deceased and the petitioner. It is further submitted that
Patna High Court CR. MISC. No.11499 of 2026(5) dt.04-05-2026
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petitioner is not the owner of the brick kiln where the deceased
was working. It is further submitted that as the deceased died at
his house and there is no eye witness to the case, the allegation
against the petitioner is based only on suspicion. From perusal
of the case also, it is clear that the witnesses have stated during
investigation that there was dispute between the petitioner and
the deceased for the wages. Learned counsel for the petitioner
has further submitted that at best, only motive can be attributed
against the petitioner. Save and except motive, there is nothing
against him. No cogent material has come during investigation
save and except that the petitioner has threatened the deceased
with dire consequences and has assaulted the deceased on the
same day. The petitioner is in custody since 08.10.2025 having
clean antecedent.
5 Learned APP appearing for the State has
vehemently opposed the prayer for bail.
6 Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail on his furnishing bonds of Rs 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned ACJM at Manjhani, District - Begusarai
Patna High Court CR. MISC. No.11499 of 2026(5) dt.04-05-2026
3/3
in Cheriyabariyarpur PS Case No 169 of 2025.
(Ashok Kumar Pandey, J)
M.E.H./-
U
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