Patna High Court
Anil Mahto @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond of Rs 10,000 with two sureties and specific conditions.
Summary
Anil Mahto was arrested on 31 October 2025 in connection with a 2024 FIR alleging that he and co‑accused fired at an informant, causing gunshot injuries, and were charged under Sections 307/34 of the IPC and Section 27 of the Arms Act. The petitioner claimed the FIR was fabricated and pointed out that a co‑accused, Mithun Kumar, had been granted bail by a coordinate bench. The State opposed bail, emphasizing the seriousness of the offences and noting a separate pending case. The High Court, noting the precedent of bail to the co‑accused and the petitioner’s claim of innocence, ordered bail on a Rs 10,000 bond with two sureties and imposed conditions regarding cooperation, presence, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 307/34 IPC and Section 27 Arms Act.
- Whether the grant of bail to a co‑accused influences the bail decision for the petitioner.
- Whether the petitioner’s alleged criminal antecedent warrants denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34
Subjects
- bail
- attempt to murder
- unlawful possession of arms
- Criminal Procedure Code
- pre‑trial detention
- co‑accused
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18565 of 2026
Arising Out of PS. Case No.-11 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Anil Mahto @ Anil Kumar Son of Raj Kumar Mahto R/o Village - Ratanpura
Bintolia, P.S. - Chapra Mufassil, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anjani Parashar, Advocate
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr.Anjani Parashar, learned counsel for the
petitioner and Mr.Chandra Sen Prasad Singh, learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
31.10.2025 in connection with Chapra Mufassil P.S. Case No.
11 of 2024, F.I.R. dated 05.01.2024 registered for the offence
punishable under Sections 307/34 of IPC and Section 27 of
Arms Act.
3. Allegation against the petitioner is that he
alongwith other co-accused persons fired upon the informant
and the informant has received the Gun shot shot injury.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
Patna High Court CR. MISC. No.18565 of 2026(2) dt.24-03-2026
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alleged in the FIR. As per allegation in the FIR, the petitioner
and co-accused, namely, Mihun Kumar fired upon the informant
and the informant has received the bullet injury. Further submits
that for the same set of allegation, co-accused person, namely,
Mithun Kumar has been granted bail by a Coordinate Bench of
this Hon’ble Court vide order dated 28.05.2025 passed in Cr.
Misc. No.8600 of 2025. The police, after investigation,
submitted the chargesheet against the petitioner and the
petitioner is in custody since 31.10.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner was involved in the present crime in
question and apart from that, the informant has received the
bullet injury and apart from that, the petitioner carries one more
case other than the present one but he fairly submits that the
petitioner is on bail in the said case, as mentioned in para-3 of
the bail petition.
6. Considering the aforesaid facts, co-accused person
has been granted bail by a Coordinate Bench of this Hon’ble
Court as well as the period of custody, let the petitioner, above
named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.18565 of 2026(2) dt.24-03-2026
3/3
each to the satisfaction of learned J.M.F.C., Saran at Chapra in
connection with Chapra Mufassil P.S. Case No. 11 of 2024, with
the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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