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Patna High Court

Narad Mahto @ Birbal MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court granted bail to the petitioner subject to a bond and sureties, invoking its inherent powers under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

Narad Mahto, the petitioner, feared arrest in a case registered under multiple sections of the Indian Penal Code for assault, robbery and attempt to murder. The FIR named other accused, but later witness statements implicated the petitioner, although he was not originally named. The petitioner, who has no prior criminal record and is willing to cooperate with the investigation, sought bail. The State opposed the bail application. The High Court examined the nature of the allegations, the petitioner’s clean antecedent, and the principles of bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Finding no compelling reason to deny bail, the Court ordered that the petitioner be released on bail upon surrender, subject to a bond of Rs.10,000 with two sureties and a six‑week surrender period.

Issues considered

  • Whether the petitioner is entitled to bail despite not being named in the FIR but later implicated by witness statements
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the High Court to grant bail in the present circumstances

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • Section 482
  • high court
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23159 of 2026
                 Arising Out of PS. Case No.-56 Year-2018 Thana- TURKAULIYA District- East Champaran
                 ======================================================
                 Narad Mahto @ Birbal Mahto s/o Late Brij Nandan Mahto @ Bijanan Mahto
                 R/o Vill- Hardiya, P.S.- Raghunathpur, Distt- East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kundan Rathore@ Kundan Kumar, Advocate
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   14-05-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends his arrest in a case

                   registered under Sections 147, 341, 323, 324, 307, 379, 447, 448

                   and 506 of the Indian Penal Code.

                                   3. As per the F.I.R., the accused persons and 12-13

                   unknown persons assaulted the informant and his family

                   members. Co-accused Siyaram Mahto snatched gold chain from

                   the neck of informant’s son.

                                   4.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is not named in the F.I.R.,

                   however, later on the basis of statements of witnesses, his name

                   transpired in the present case. Allegation is general and

                   omnibus. Petitioner has got no criminal antecedent and he
            Patna High Court CR. MISC. No.23159 of 2026(4) dt.14-05-2026
                                                        2/2




                      undertakes to cooperate in the investigation and trial.

                                    5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                    6. Having considered the facts and circumstances of

                      the case, submissions of learned counsel for the parties, nature

                      of allegation and fair antecedent of the petitioner, let the above

                      named petitioner be released on bail, in the event of arrest or

                      surrender before the learned court below within a period of six

                      weeks from today, on furnishing bail bond of Rs.10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of learned Chief Judicial Magistrate,

                      Motihari, East Champaran/concerned Court in connection with

                      Turkauliya P.S. Case No. 56 of 2018, subject to the conditions

                      as laid down under Section 482(2) of the Bharatiya Nagarik

                      Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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