Patna High Court
Lakhindra Singh @ Lakhindra MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that the petitioners are entitled to bail, subject to bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, four residents of Paharpur village, were implicated in a violent incident at the informant's house where assault, robbery and the death of the informant's husband were alleged. The prosecution charged them under multiple sections of the Bharatiya Nyaya Sanhita, while the petitioners claimed they were falsely implicated due to a land dispute and asserted their innocence. The petitioners, two of whom are women, have no criminal antecedent and offered to cooperate with the investigation. The State and the informant opposed bail, arguing the seriousness of the offences. Considering the clean records of the petitioners, the lack of direct evidence against them, and the principle of liberty, the court granted bail subject to a bond of Rs.10,000 and two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the charges under the Bharatiya Nyaya Sanhita.
- Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.
- Whether the petitioners' clean antecedent and willingness to cooperate justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 115(2), 126(2), 303(2), 324(4), 329(4), 3(5), 351(2), 352, 76
Subjects
- bail
- criminal procedure
- Section 482
- assault
- robbery
- murder
- land dispute
- clean antecedent
- preventive detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24452 of 2026
Arising Out of PS. Case No.-458 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
1. Lakhindra Singh @ Lakhindra Mahto S/o Late Rameshwar Mahto R/o
Village - Paharpur, P.S - Bibhutipur, District - Samastipur
2. Sushila Devi W/o Lakhindra Mahto @ Lakhindra Singh R/o Village -
Paharpur, P.S - Bibhutipur, District - Samastipur
3. Bhola Prasad Singh @ Bhola Singh S/o Late Rameshwar Mahto R/o Village
- Paharpur, P.S - Bibhutipur, District - Samastipur
4. Babita Devi W/o Bhola Singh @ Bhola Prasad Singh R/o Village - Paharpur,
P.S - Bibhutipur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Advocate
For the State : Mr. Parmanand Prasad, APP
For the Informant : Mr. Santosh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 17-06-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case
registered under Sections 329(4), 126(2), 115(2), 76, 324(4),
103(1), 109, 303(2), 352, 351(2) and 3(5) of Bharatiya Nyaya
Sanhita.
3. As per the prosecution case, all the accused persons
including the petitioners and 5-6 unknown persons came to the
house of the informant and started abusing and assaulting the
informant. It is alleged that co-accused Abhishek Kumar and
Patna High Court CR. MISC. No.24452 of 2026(3) dt.17-06-2026
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Surendra Mahato assaulted the husband of the informant with
iron pickaxe due to which he sustained injury. When the family
members of the informant came to rescue, all the accused
persons assaulted them. The accused persons entered the house
of the informant took away jewellery worth Rs. 3 lakhs and
Rs.50,000/- cash. The husband of the informant died on the way
when he was taken to Patna from Sadar Hospital, Samastipur for
better treatment.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case. Further submission is that due to land dispute
between the parties, scuffle took place in which both the parties
sustained injuries and there is case and counter case. Although,
altogether there are eight named accused persons and 5-6
unknown persons but the specific allegation of assault on the
deceased is made against co-accused Abhishek Kumar and
Surendra Mahato who are already in judicial custody. Petitioner
nos. 2 & 4 are women. Petitioners have no criminal antecedent.
They undertake to cooperate in the investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
and learned counsel for the informant opposed the bail
application.
Patna High Court CR. MISC. No.24452 of 2026(3) dt.17-06-2026
3/3
6. Having considered the facts and circumstances
of the case, submissions of learned counsel for the parties,
nature of allegations levelled against the petitioners and their
clean antecedent, let the above named petitioners 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 bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Sub-Divisional Judicial Magistrate, Rosera, Samastipur in
connection with Bibhutipur P.S. Case No. 458 of 2025, subject
to the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-koustav
U T
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