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Patna High Court

Ram Pravesh MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application is dismissed; the petitioner is not entitled to bail.

Summary

Ram Pravesh Mahto was named in an FIR for the murder of a deceased under Sections 190, 191(2), 191(3), 103(1) and 27 of the Arms Act. He sought bail, claiming that the actual assailant was Brajesh Kumar and that he was not involved in the killing. The State opposed bail, alleging that Mahto was part of a conspiracy and had helped procure the murder weapon. The court examined the material on record, found that the petitioner appeared to have conspired in the murder, and was not persuaded by the petitioner's claim. Consequently, the court refused bail and dismissed the application, noting that its observations were limited to the bail matter and did not prejudice the trial.

Issues considered

  • Whether bail should be granted to the petitioner accused of murder under the Arms Act.
  • Whether the petitioner was a conspirator in the murder and thus ineligible for bail.

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • Arms Act
  • FIR correction
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25897 of 2026
                      Arising Out of PS. Case No.-170 Year-2025 Thana- Chhaudahi District- Begusarai
                 ======================================================
                 Ram Pravesh Mahto Son of Late Domi Mahto Resident of Village- Pir Nagar,
                 P.S.- Chhaurahi, District- Begusarai
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sunil Kumar, Advocate
                 For the State            :        Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   20-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner is permitted to make necessary

                   correction in the typed copy of the FIR.

                                 3. The petitioner seeks bail in connection with

                   Chhaurahi P.S. Case No. 170 of 2025 registered for the offence

                   punishable under Sections 190, 191(2), 191(3), 103(1) and 27 of

                   the Arms Act.

                                 4. The petitioner and others are named in the FIR as

                   having killed the deceased.

                                 5. The petitioner is in custody since 11.12.2025.

                                 6. Learned counsel for the petitioner submits that the

                   assailant of the deceased is one Brajesh Kumar and not the

                   petitioner though the petitioner is named in the FIR. He further

                   submits that during investigation it has come that aforesaid
           Patna High Court CR. MISC. No.25897 of 2026(2) dt.20-04-2026
                                                       2/2




                     Brajesh Kumar and one unknown criminal had killed the

                     deceased.

                                  7. Learned counsel for the State has vehemently

                     opposed the prayer for bail and has submitted that the petitioner

                     is a part of conspiracy of killing the deceased and for

                     committing murder, he was also involved in procuring the

                     murder weapon.

                                  8. From the materials available on record, it appears

                     that the petitioner has conspired to kill the deceased along with

                     Brajesh Kumar and others and in furtherance of the conspiracy,

                     the deceased was killed.

                                  9. Considering the above, I am not inclined to grant

                     bail to the petitioner.

                                  10. Accordingly, the application stands dismissed.

                                  11. 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)

P. Kumar
U      T


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