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Patna High Court

Sunil Kumar @ Golu MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court allowed the petition for anticipatory bail, directing that the petitioner be released on bail upon furnishing a bond and sureties.

Summary

The petitioner, Sunil Kumar (also known as Golu Mahto), sought anticipatory bail fearing arrest in a case registered under Sections 302, 201 and 120B of the Indian Penal Code relating to the murder of a informant’s son. The FIR named only the co‑accused Krishna Mahto, and the petitioner’s name surfaced later during investigation, with the sole allegation being that Krishna Mahto briefly visited his house. The petitioner argued he had no involvement, clean antecedents, and that no material linked him to the alleged offences, while the State opposed the bail. The Court, noting the lack of substantive evidence against the petitioner, the general nature of the accusation, and his clean record, granted anticipatory bail subject to a bail bond of Rs 10,000, two sureties, and compliance with Section 482(2) of the Bihar Negotiable Security Act. The order stipulated that the bail would be effective if the petitioner is arrested or surrenders within eight weeks from the date of the order.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case involving alleged murder, concealment of body and conspiracy under IPC Sections 302, 201 and 120B.
  • Whether the material on record is sufficient to justify denial of anticipatory bail.
  • Whether the petitioner’s clean antecedents and lack of direct involvement warrant the exercise of the High Court’s inherent powers under Section 482(2).

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • murder
  • conspiracy
  • Section 482
  • high court
  • clean antecedents
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1600 of 2026
                 Arising Out of PS. Case No.-427 Year-2023 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Sunil Kumar @ Golu Mahto S/o Sitaram Dhangad Resident of Village -
                 Tikuliya, Ward No-11, P.S.- Chanpatiya, District - West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Sanjeev Kumar, Advocate
                 For the State           :       Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 302, 201

                   and 120B of the Indian Penal Code.

                                3. As per prosecution case, informant alleged that on

                   the information that the dead body of his son is lying on a

                   railway track near Bankat village with signs of injury, he went

                   there and saw the dead body. It is further alleged that his

                   neighbour, namely Krishna Mahto, had taken his son away to

                   Chanpatiya as they had land dispute. Informant has firm belief

                   that his son has been killed by co-accused Krishna Mahto.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.1600 of 2026(2) dt.28-01-2026
                                            2/3




          committed no offence. Petitioner is not named in the F.I.R..

          Name of petitioner transpired in this case during course of

          investigation and the only material that has come against this

          petitioner is that on the alleged date of occurrence, co-accused

          Krishna Mahto visited the house of this petitioner and stayed

          there for a few moments. Save and except the same, there is no

          other material on record to show the complicity of this petitioner

          in the alleged occurrence. Moreover, from bare perusal of the

          F.I.R. it is apparent that specific accusation of taking away and

          committing murder of son of informant is against co-accused

          Krishna Mahto, because it was he who took away son of

          informant and thereafter, his dead body was found on the

          railway track. It is further submitted that co-accuse Krishna

          Mahto has already been granted privilege of anticipatory bail by

          a Co-ordinate Bench of this Hon’ble Court vide order dated

          08.05.2024 passed in Cr. Misc. No. 7157 of 2024. Petitioner

          claims clean antecedents.

                        5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, claim based on
             Patna High Court CR. MISC. No.1600 of 2026(2) dt.28-01-2026
                                                         3/3




                       parity, materials available on record and clean antecedents of the

                       petitioner, the prayer for grant of anticipatory bail to the

                       petitioner is allowed.

                                    7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner be enlarged on bail on furnishing bail-bond of Rs.

                       10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned C.J.M., Bettiah, West

                       Champaran in connection with Chanpatiya P.S. Case No. 427 of

                       2023, subject to condition as laid down under Section 482(2) of

                       the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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