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Patna High Court

Shyam Mahto @ Shyam MahatoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to bond and conditions under Section 482(2) of the BNSS.

Summary

Shyam Mahto sought anticipatory bail after an FIR was lodged alleging his involvement in the death of Putul, the son of an informant, under Sections 108 and 3(5) of the BNS. The informant claimed that Manisha, who had an alleged illicit relationship with the petitioner, and her mother had called her and Putul to Begusarai where Putul subsequently died, allegedly due to torment by the accused. The petitioner contended that he had no presence at Begusarai, had a clean record, and was falsely implicated, offering to cooperate with the investigation. The State opposed the anticipatory bail. The court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case involving alleged involvement in a suicide.
  • Whether the allegations in the FIR sufficiently justify denial of anticipatory bail.

Legislation cited

  • BNS — s. 108, 3(5)
  • BNSS — s. 482(2)

Subjects

  • anticipatory bail
  • false implication
  • suicide
  • Section 108
  • Section 3(5)
  • Section 482(2)
  • Bihar criminal law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.16425 of 2026
                       Arising Out of PS. Case No.-194 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
                 Shyam Mahto @ Shyam Mahato S/O Yogendra Mahto @ Jogendra Mahto
                 Village- Rajiv Nagar, Darjeeling More, Siliguri, PS- Pradhan Nagar, District-
                 Darjeeling, West Bengal

                                                                                      ... ... Petitioner
                                                        Versus
                 The State of Bihar Patna

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :         Mr. Sandip Kumar Gautam, Advocate
                 For the Opposite Party :         Mr. Nagendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-04-2026                         Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                  2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 108 and

                   3(5) of BNS.

                                  3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that his son Putul was married to Manisha in the year

                   2007 and out of the wedlock two children were born. It is next

                   alleged that Manisha developed feelings for petitioner and they

                   fled on 07.07.2025 but Manisha came back on 08.07.2025,

                   accordingly, the mother of Manisha was informed about the

                   occurrence, who requested to send Manisha and Putul to
Patna High Court CR. MISC. No.16425 of 2026(2) dt.07-04-2026
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          Begusarai i.e., parental home of Manisha Kumari. Accordingly,

          they reached Begusarai on 10.07.2025 with their son, further on

          12.07.2025 Deepak called and informed that Putul is no more

          and dead body has been sent for postmortem, accordingly, he

          reached the place of occurrence and saw that accused persons

          had already taken the dead body to the cremation ghat but police

          was informed and the dead body was taken in custody and was

          brought to Darjeeling. It is further alleged that he saw foam

          coming out of the mouth of the deceased. It is next alleged that

          accused tormented his son to the extent that he committed

          suicide.

                          4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant based on suspicion, it is also submitted that from

          perusal of the allegation as alleged in the FIR it would manifest

          that informant himself alleges that mother of Manisha had

          called Manisha and Putul to Begusarai where they went along

          with their son and Putul died. It is further submitted that it is not

          the allegation of the informant that even Shyam was present at

          Begusarai with whom Manisha is alleged to be in illicit

          relationship. It is thus submitted that merely because Manisha

          was known to Shyam, as such, he also came to be implicated. It
           Patna High Court CR. MISC. No.16425 of 2026(2) dt.07-04-2026
                                                       3/3




                     is next submitted that petitioner will not abscond rather will

                     cooperate in the investigation to prove his innocence.

                                     5. Learned A.P.P. for the State opposes the prayer

                     for anticipatory bail of the petitioner.

                                     6. Considering the submissions made by the

                     learned counsel for the petitioner, the petitioner above-named, in

                     the event of his arrest or surrender within a period of six weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                     of the like amount each to the satisfaction of the learned trial

                     court where the case is pending/successor court in connection

                     with Lakho P.S. Case No. 194 of 2025 subject to the conditions

                     as laid down under Section 482 (2) of BNSS.



                                               (Satyavrat Verma, J)
Gaurav Sinha/-

U      T


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