Patna High Court
Rambhavan MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Rambhavan Mahto petitioned the Patna High Court for regular bail in a case registered under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act, relating to the death of an informant's brother. The prosecution alleged that seven accused, including the petitioner, fired at the deceased, resulting in his death. The petitioner contended that he was falsely implicated, the allegations were vague, only two bullet injuries were found, and he had no prior criminal record, having been in custody since June 2025. The State opposed bail, but the court noted that co‑accused in similar cases had been granted bail and that the petitioner posed no flight risk. Consequently, the court ordered the petitioner to be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties and to cooperate with the trial.
Issues considered
- Whether regular bail should be granted to an accused in a murder, conspiracy, and arms offence case.
- Whether the specificity of the allegations and the nature of evidence justify denial of bail.
- Whether the petitioner poses a risk of fleeing or tampering with evidence.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- conspiracy
- arms act
- regular bail
- Indian Penal Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15352 of 2026
Arising Out of PS. Case No.-388 Year-2018 Thana- ARA NAGAR District- Bhojpur
======================================================
Rambhavan Mahto, S/o Late Bhadai Mahto, Resident of Village- Ibrahim
Nagar, P.S.- Ara Town, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 302,
120(B)/34 of the I.P.C. and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that seven
F.I.R. named accused persons including the petitioner allegedly
fired causing injury and death of the brother of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that the
nature of allegation is general and omnibus. The doctor
conducting the autopsy found only two fire-arm injuries on the
person of the deceased. Altogether seven persons have been
Patna High Court CR. MISC. No.15352 of 2026(3) dt.15-04-2026
2/2
alleged to fire at deceased, however he has received only two
gunshot injuries. It has further been submitted that similarly
situated co-accused persons have been granted bail by learned
Co-ordinate Benches of this Court vide Cr. Misc. No. 22373 of
2019, 27252 of 2019 and 23505 of 2019. Petitioner is having no
criminal antecedent and he is languishing in judicial custody
since 13.06.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Bhojpur at Ara in connection with Ara Town P.S. Case No. 388
of 2018 with the condition that the petitioner shall cooperate
in trial and shall remain physically present on each and
every date as this is a case of year 2018.
(Ashok Kumar Pandey, J)
lata/-
U T
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