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Patna High Court

Pukar MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that, on the basis of the petitioner’s alibi established by mobile tower location and lack of prior criminal record, bail should be granted.

Summary

The petitioner, Pukar Mahto, applied for bail in a case registered under Sections 103(1), 303(2) and 3(5) of the B.N.S., 2023 concerning the alleged murder of his mother. The prosecution alleged that the petitioner was involved in a love triangle and was present at the scene of the crime on 19 July 2024. The petitioner contended that he was abroad at the time, supported by mobile tower location data showing his phone was in Patiala, Punjab, and that he had no prior criminal record. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the court found the alibi credible and noted the lack of any prior conviction. Consequently, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences under the B.N.S., 2023
  • Whether the mobile tower location evidence establishes a credible alibi that negates the petitioner’s presence at the crime scene
  • Whether the petitioner’s lack of prior criminal antecedents warrants the grant of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • mobile tower evidence
  • alibi
  • B.N.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16151 of 2026
                    Arising Out of PS. Case No.-230 Year-2024 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Pukar Mahto S/o- Late Bharat Mahto R/village- Talipur P.S- Minapur Dist-
                 Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar II, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   21-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Minapur P.S. Case No. 230 of 2024 registered for the

                   offence punishable under Sections 103(1), 303(2), 3(5) of the

                   B.N.S., 2023.

                                3. The case of the prosecution, in short, is that one

                   Bhola Mahto has developed intimacy with the wife of the

                   petitioner. On 19.07.2024 at 08:00 PM, the wife of the petitioner

                   left the house, and in the morning, as the son of the informant

                   woke up, he found that his mother was lying dead.

                                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
Patna High Court CR. MISC. No.16151 of 2026(3) dt.21-04-2026
                                            2/3




          case. He also submits that in this case, the mother of the

          petitioner is the informant. During the course of investigation,

          the informant was also made accused. He also submits that the

          petitioner was living outside the village for his livelihood and

          that he was not present on the date of the occurrence. He further

          submits that during the course of the investigation in paragraph

          ‘45’ of the case diary, the police has collected the CDR and the

          tower location of different mobile numbers. The mobile number

          of the petitioner is 8570912066, and on 19.07.2024 and

          20.07.2024, he had made calls to his sister-in-law Munchun

          Devi, and the tower location of his mobile was at Patiala in

          Punjab. He further submits that the petitioner has been saying

          from the beginning that he was not at the village on the date of

          the occurrence, and this has been established by the tower

          location of his mobile during investigation. Moreover, a

          statement has been made in para 3 of the petition that petitioner

          has no criminal antecedent and he is languishing in judicial

          custody since 26.11.2025.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is
           Patna High Court CR. MISC. No.16151 of 2026(3) dt.21-04-2026
                                                       3/3




                     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 Chief

                     Judicial Magistrate, Muzaffarpur in connection with Minapur

                     P.S. Case No. 230 of 2024.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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