Patna High Court
Ras Bihari MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner.
Summary
Ras Bihari Mahto was arrested in connection with a murder case (Section 302, 201, 34 IPC) filed in 2012. He claimed he was innocent, stating that the deceased had an illicit relationship and that he was in Gujarat with his sons at the time of the incident. The petitioner’s counsel argued that he was not present at the scene and was falsely implicated. The Patna High Court, after considering the alibi and circumstances, allowed the bail application. The court ordered his release on a bail bond of Rs. 10,000 with two sureties, subject to his cooperation with the trial, and clarified that the order does not prejudice the merits of the case.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges under Sections 302, 201 and 34 of the IPC
- Whether the alibi and the deceased’s alleged illicit relationship justify granting bail
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- murder
- IPC
- Section 302
- Section 201
- Section 34
- alibi
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2530 of 2026
Arising Out of PS. Case No.-22 Year-2012 Thana- CHANAN District- Lakhisarai
======================================================
Ras Bihari Mahto S/O Late Bhola Mahto R/O Vill - Reuta, P.S - Chanan,Dist-
Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Umesh Prasad
For the Opposite Party/s : Mr.Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned senior counsel for the petitioner Mr.
Krishna Pd. Singh and learned APP for the State.
2. The petitioner seeks bail in connection with
Chanan P.S. Case No. 22 of 2012 registered for the offence
under Section 302, 201, 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is
alleged to have killed the deceased.
4. The petitioner is in custody since 18.08.2025.
5. It has been submitted by the learned senior
counsel for the petitioner that the petitioner is innocent and he
has falsely been implicated in this case. He further submits that
during investigation, it has come that deceased has entered into
relationship with another person and because of the same, the
petitioner had left for Gujarat along with his two sons. He next
submits that the petitioner was not present at the place of
occurrence and he was outside Bihar.
6. Considering the facts of the case, the fact that the
Patna High Court CR. MISC. No.2530 of 2026(3) dt.31-03-2026
2/2
petitioner was not present at the place of occurrence and also
considering the fact that the deceased was in illicit relationship
with someone else, this application is allowed.
7. 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 each to the satisfaction of
the concerned Court below in connection with Chanan P.S. Case
No. 22 of 2012.
8. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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