Patna High Court
Bhola Kumar @ Bhola MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The court denied bail, holding that the petitioners are not entitled to regular bail in view of the grave nature of the offences.
Summary
Bhola Kumar and Subal Mahto were charged with multiple offences under the Indian Penal Code, including assault, grievous hurt, attempt to murder, criminal intimidation and, subsequently, murder (Section 302). They applied for regular bail before the Patna High Court, having earlier sought bail in Cr. Misc. No.53253 of 2024, which was rejected on 11‑12‑2024. The State, represented by counsel for the informant, argued that the petitioners were responsible for the death of the deceased. The court examined the earlier order and found no merit to release the accused on bail given the seriousness of the charges. Consequently, the court dismissed the petitioners’ bail application.
Issues considered
- Whether the accused are entitled to regular bail despite being charged with murder and other serious offences under the IPC
Legislation cited
- Indian Penal Code — s. 302, 307, 323, 325, 34, 341, 504, 506
Subjects
- bail
- Indian Penal Code
- murder
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21378 of 2026
Arising Out of PS. Case No.-22 Year-2024 Thana- NIMACHANDPURA District- Begusarai
======================================================
1. Bhola Kumar @ Bhola Mahto S/o Subhash Mahto @ Subal Mahto Resident
of Village- Nima Chandpura, P.S.- Nima Chandpura, District- Begusarai
2. Subal Mahto @ Subhash Mahto S/o Jitan Mahto Resident of Village- Nima
Chandpura, P.S.- Nima Chandpura, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Pampy Kumari
For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P.
Mr.Binod Kumar
Mr.Amit Prakash
Mr.Amar Kumar Singh
Mr.Chitranjan Kumar
Mr.Sushant Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-05-2026 1. Heard the learned Advocate for the petitioners, the
learned APP Sri Rabindra Kumar for the State and the learned
counsel appearing on behalf of the informant.
2. The petitioners seek bail in connection with Nima
Chandpura P. S. Case No.22 of 2024, instituted for the offences
under Sections 323, 325, 341, 307, 504, 506, 34 of the Indian
Penal Code and later on, Section 302 of the I.P.C. was also
added.
3. The learned counsel appearing on behalf of the
informant, at the outset, submits that petitioners had approached
this Court seeking regular bail by filing Cr. Misc. No.53253 of
Patna High Court CR. MISC. No.21378 of 2026(2) dt.12-05-2026
2/2
2024 and the same was rejected by an order dated 11.12.2024
after considering the case in detail and on merits. It is also
submitted that petitioners are alleged to have assaulted the
deceased leading to his death.
4. The learned counsel for the petitioners is not in a
position to rebut the said submission of the learned counsel
appearing on behalf of the informant.
5. The Court has perused the order dated 11.12.2024
passed in Cr. Misc. No.53253 of 2024 and thus, is not inclined
to release the petitioners on bail.
6. The prayer of the petitioners for regular bail stands
rejected.
(Satyavrat Verma, J)
vikash/-
U T
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