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Patna High Court

Rambhavan MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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