Patna High Court
Raju Kumar Mahto @ Raju Kumar @ RajeevversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to monetary and procedural conditions.
Summary
The petitioner, Raju Kumar Mahto, was arrested in connection with a murder case (Kotwali P.S. Case No. 351 of 2023) involving offences under Sections 302, 34, 120(B) of the IPC and several provisions of the Arms Act. The prosecution alleged his participation in the shooting of the informant's husband, but the petitioner claimed innocence, asserting that only suspicion and a confessional statement linked him to the crime, with no eyewitness testimony. The petitioner highlighted that a co‑accused in a similar position had previously been granted bail and that he had been in custody since 27‑02‑2025 with a charge sheet already filed. The State opposed bail, but the court considered the lack of substantive material, the petitioner’s custody duration, and the precedent of bail to the co‑accused. Consequently, the court ordered the petitioner’s release on bail with a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the BNSS, including attendance in court and cancellation upon three consecutive absences.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the IPC and Arms Act
- Whether the material on record justifies continued detention
Legislation cited
- Arms Act — s. 25(1-b)a, 26(i), 27, 35
- BNSS — s. 480(3)
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- IPC
- Arms Act
- criminal procedure
- presumption of innocence
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.139 of 2026
Arising Out of PS. Case No.-351 Year-2023 Thana- KOTWALI District- Munger
======================================================
Raju Kumar Mahto @ Raju Kumar @ Rajeev S/o Lalit Mahto @ Lalit Kumar
Mahto R/o Vill- Khoksa, P.S.- Dalsingh Sarari, Distt- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Dular Sah, Adv.
Mr. Akil Imam Khan, Adv.
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Kotwali P.S. Case No. 351 of 2023, registered
for the offences under Sections 302, 34, 120(B) of the Indian
Penal Code and Section 27 of the Arms Act and further Section
25(1-b)a/26(i)/35 of the Arms Act.
3. As per the prosecution case, the husband of the
informant was shot dead by unknown miscreants and the name
of the petitioner transpired during investigation for also being
involved in the occurrence along with other coaccused persons.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. Except for suspicion and
Patna High Court CR. MISC. No.139 of 2026(3) dt.26-02-2026
2/3
confessional statement of the petitioner and other coaccused
persons, there is no material against the petitioner to show his
complicity in the alleged occurrence. There is no eye witness. A
similarly placed coaccused Rajeev Kumar has been granted bail
by a learned Single Judge of this Court vide order dated
15.12.2023 passed in Cr. Misc. No. 79628 of 2023. The
petitioner is in custody since 27.02.2025 and charge sheet has
been submitted. Petitioner has antecedent of one case.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
material collected against the petitioner in the light of allegation
and also considering submission of charge sheet against the
petitioner and his period of custody, the petitioner is directed to
be released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Addl. District Judge-
III, Munger/concerned court, in connection with Kotwali P.S.
Case No. 351 of 2023, subject to the condition laid down under
Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close
Patna High Court CR. MISC. No.139 of 2026(3) dt.26-02-2026
3/3
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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