Patna High Court
Randhir MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail should be granted to the petitioners subject to the conditions prescribed under Section 482(2) of the BNSS.
Summary
Randhir and Harendra Mahto petitioned for anticipatory bail in a case registered under sections 103(1) r/w and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging that the FIR does not specifically charge them and that the death of the informant's husband was a natural fall, not a homicide. The petitioners highlighted the lack of corroborative evidence in the post‑mortem report and their clean antecedent, noting that similarly situated co‑accused had already been granted anticipatory bail. The State opposed the bail. The Court, after considering the FIR’s deficiencies, the medical evidence, and the petitioners’ clean record, ordered that anticipatory bail be granted subject to a bail bond of Rs 10,000 with two sureties and compliance with Section 482(2) of the BNSS. The order was made to be executed by the Judicial Magistrate, 1st Class (West), Muzaffarpur.
Issues considered
- Whether the FIR discloses specific allegations against the petitioners sufficient to deny anticipatory bail.
- Whether the death of the informant's husband, as a natural fall, negates the prosecution's case under sections 103(1) r/w and 3(5) of the BNSS.
- Whether the petitioners' clean antecedent and the grant of bail to co‑accused warrant the issuance of anticipatory bail.
- Whether conditions under Section 482(2) of the BNSS are appropriate for granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 103(1) r/w, 3(5), 482(2)
Subjects
- anticipatory bail
- Bharatiya Nagarik Suraksha Sanhita
- section 103
- section 3
- section 482
- FIR
- post‑mortem report
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17466 of 2025
Arising Out of PS. Case No.-162 Year-2024 Thana- BARURAJ District- Muzaffarpur
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1. Randhir Mahto S/o Late Ramashray Mahto Resident Of Village- Baruraj,
Tola- Mehmdo Nagar Bankat Noniya Tola, Ps- Baruraj, Dist.- Muzaffarpur
2. Harendra Mahto S/o Late Ramashray Mahto Resident Of Village- Baruraj,
Tola- Mehmdo Nagar Bankat Noniya Tola, Ps- Baruraj, Dist.- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manindra Kishore Singh
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 16-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under sections 103 (1) r/ w
and 3 (5) of the BNS, 2023.
3. The informant alleges that she along with other
family members were assaulted by all the F.I.R. named accused
persons including these petitioners, causing death of her
husband.
4. Learned counsel for the petitioners submits that
from perusal of F.I.R., it is apparent that there is no specific
allegation against these petitioners. F.I.R. does not disclose as to
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how and in what manner, the alleged occurrence was
committed. As a matter of fact, the husband of informant died a
natural death, as he fell down from stairs. Post-mortem report
does not corroborate the prosecution case, as in the post mortem
report, only one injury has been found on the person of
deceased, that too on his upper lip, but taking advantage of the
situation, this false and concocted case has been lodged against
petitioners and others. Similarly situated co-accused persons
have already been granted anticipatory bail by this Court, vide
order date 17.04.2025 passed in Cr.Misc. No. 19696 of 2025.
Petitioners claim clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6 Considering the aforesaid facts and circumstances
as well as clean antecedent of petitioners, in the event of arrest
or surrender within eight weeks from today, let the petitioners,
as named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate 1st Class (West ) Muzaffarpur in connection with
Baruraj P.S. Case No. 162 of 2024 , subject to the conditions
laid down under section 482 ( 2 ) of the Bharatiya Nagarik
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Suraksha Sanhita ( BNSS), 2023.
(Prabhat Kumar Singh, J)
anay
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