Patna High Court
Manish MahtonversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to all petitioners.
Summary
The petitioners, five members of the Mahton family, were implicated in a case (Sahebpur Kamal P.S. Case No. 318 of 2025) involving alleged assault that led to the death of the informant's husband. The prosecution alleged that Gajo Mahto and Gautam Mahto assaulted the victim with an iron rod and a lathi, and that a total of fifteen accused, including the petitioners, participated in the assault. The petitioners contended that they were not named in the FIR, no specific act or weapon was attributed to them, and they had no criminal antecedents, seeking bail. The informant’s counsel opposed bail, asserting that the injuries caused the death. After hearing both sides, the Court found the allegations against the petitioners to be general and without specific incriminating detail and consequently ordered that bail be granted on a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the petitioners, who are alleged participants in an assault resulting in death, are entitled to bail under the circumstances presented.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 2(5), 351(2), 351(3), 352, 74
Subjects
- bail
- criminal procedure
- assault
- homicide
- FIR
- presumption of innocence
- bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20638 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
1. Manish Mahton S/o- Chhechan Mahton Resident of village- Sadpur Vadi
PS- Sahebpur Kamal District- Begusarai
2. Manelal Mahton S/o- Chhechan Mahton Resident of village- Sadpur Vadi
PS- Sahebpur Kamal District- Begusarai
3. Ranveer Mahton @ Rana Mahton @ Ranvir Kumar Mahton S/o- Chhechan
Mahton Resident of village- Sadpur Vadi PS- Sahebpur Kamal District-
Begusarai
4. Ravish Kumar S/o- Bharoshi Mahton Resident of village- Sadpur Vadi PS-
Sahebpur Kamal District- Begusarai
5. Sekho Mahton S/o- Rameshwar Mahton Resident of village- Sadpur Vadi
PS- Sahebpur Kamal District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Advocate
Mr. Barun Kumar Singh, Advocate
For the Informant : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Sahebpur Kamal P.S. Case No. 318 of 2025 registered for
the offence punishable under Sections 126(2), 115(2), 109, 74,
351(2), 351(3), 352, 2(5) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that one Gajo
Mahto assaulted the informant's husband with an iron rod on the
Patna High Court CR. MISC. No.20638 of 2026(2) dt.01-04-2026
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head, and after that, Gautam Mahto also assaulted the husband of
the informant with a lathi on the head. After that, it is alleged that
all the accused persons who are altogether 15 in number have
assaulted the husband of the informant who died during the course
of investigation.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that there is also a counter version of this
case. From perusal of the FIR, it is clear that that specific
allegation of assault is against Gajo and Gautam. They are not
petitioners in this bail petition. He further submits that the doctor
who has conducted the postmortem has found only six injuries and
the cause of death was due to septic shock caused by the above-
mentioned injury. He further submits that the nature of the
allegations against these petitioners is general and omnibus. No
overt act is alleged against them, and from perusal of the FIR, it is
also clear that even no specific weapon is attributed to them.
Moreover, a statement has been made in paragraph 3 of the
petition that petitioners have no criminal antecedent. Petitioner no.
1 has been languishing in judicial custody since 17.01.2026;
petitioner nos. 2, 3, and 4 have been in custody since 29.12.2025;
and petitioner no. 5 has been in judicial custody since 04.12.2025.
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5. The application for bail is vehemently opposed by
learned counsel for the informant and the learned APP for the
State. Learned counsel for the informant has stated that the cause
of death was due to above mentioned injuries.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M.-IV, Begusarai in connection with Sahebpur Kamal P.S.
Case No. 318 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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