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Patna High Court

Ras Bihari MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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