Patna High Court
Shyam Mahto @ Shyam MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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
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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
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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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