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Patna High Court

Sunil Mahto @ Sunil Kumar @ Sunil Mahto BindversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted as the petitioners have a clean antecedent and the case is based only on the co‑accused’s statement.

Summary

The petitioners, Sunil Mahto and others, sought anticipatory bail after being implicated in a case (Ballia P.S. Case No.189 of 2025) for alleged offences under Sections 109(1) and 3(5) of the B.N.S., 2023 and several provisions of the Arms Act. The prosecution’s case relied solely on the confessional statement of an arrested co‑accused, Ganga Sagar Kumar, who claimed Sunil Mahto fired at an informant; no forensic link or ownership of the weapon or motorcycle was established. The petitioners argued that the allegation was based only on this statement, they had no criminal antecedent, and they were not owners of the seized firearm or vehicle. The court examined the sufficiency of the co‑accused’s statement and the petitioners’ clean record, and concluded that anticipatory bail could be granted subject to conditions. Accordingly, the court ordered release on bail with a bond of Rs 10,000 each, two sureties, and a provision for verification of antecedents and possible cancellation if concealment is discovered.

Issues considered

  • Whether anticipatory bail can be granted when the accusation rests solely on the statement of a co‑accused.
  • Whether a clean criminal antecedent and lack of ownership of the alleged weapon or vehicle justify granting bail.
  • Whether Section 482(2) of the B.N.S.S. empowers the court to impose verification and cancellation conditions on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • co‑accused statement
  • Arms Act
  • clean antecedent
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34030 of 2026
                       Arising Out of PS. Case No.-189 Year-2025 Thana- BALIYA District- Begusarai
                 ======================================================
           1.     Sunil Mahto @ Sunil Kumar @ Sunil Mahto Bind S/O Budho Mahto @
                  Budho Mahto Bind @ Vodhu Vind R/O Village- Shiv Nagar, Bind Toli,
                  Kutlipul Diyara, P.S.- Muffasil, District- Munger.
           2.    Nago Mahto S/O Musahru Mahto @ Musharu Mahto @ Musharu Mahto
                 Bind R/O Village- Shiv Nagar, Bind Toli, Kutlipul Diyara, P.S.- Muffasil,
                 District- Munger.
           3.    Mithilesh Mahto @ Milan Kumar @ Mithlesh Mahto S/O Musahru Mahto
                 @ Musharu Mahto @ Musharu Mahto Bind R/O Village- Shiv Nagar, Bind
                 Toli, Kutlipul Diyara, P.S.- Muffasil, District- Munger.
           4.    Musahru Mahto @ Musharu Mahto S/O Lukho Mahto @ Lukho Mahto
                 Bind R/O Village- Shiv Nagar, Bind Toli, Kutlipul Diyara, P.S.- Muffasil,
                 District- Munger.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s :        Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   18-05-2026                  Heard the learned counsel for the petitioners and the

                   learned A.P.P. appearing for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Ballia (Balliya) P.S. Case No.189 of 2025, for allegedly

                   having committed offences under Sections 109(1) and 3(5) of

                   the B.N.S., 2023 as well as under Sections 25(1-b) a, 26, 27 and

                   35 of the Arms Act.

                                3. As per the prosecution story, which has been lodged

                   on the basis of the written report submitted by the informant, to
Patna High Court CR. MISC. No.34030 of 2026(2) dt.18-05-2026
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          the effect that on 23.05.2025, while he was standing on the road

          nearby his house, three persons riding on a motorcycle, bearing

          Registration No.BR09AC-9220 and two persons riding on a

          motorcycle without any number plate arrived at the place of

          occurrence. One person, who was sitting in the middle of the

          motorcycle fired upon the informant with an intention to kill

          him, however somehow or another, the informant saved his life.

          On the sound of firing, co-villagers arrived there and while

          trying to flee away, one of the motorcycles dashed a buffalo.

          One person was apprehended at the place of occurrence, who

          disclosed his name as Ganga Sagar Kumar. The local villagers

          also snatched one pistol from the hand of one another person,

          who succeeded in fleeing away. From possession of the arrested

          person, two live cartridges of .315 bore was seized and the

          arrested person disclosed the name of petitioner no.1, Sunil

          Mahto, who had fired upon the informant and also disclosed the

          name of other co-accused persons.

                       4. The learned counsel for the petitioners submits that

          the names of the petitioners has transpired in the present case on

          the basis of the statement given by the co-accused, Ganga Sagar

          Kumar, who was apprehended at the place of occurrence and

          from his possession two live cartridges were recovered. He took
Patna High Court CR. MISC. No.34030 of 2026(2) dt.18-05-2026
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          the name of petitioner no.1 to be the person, who has fired upon

          the informant and only on the basis of the said disclosure, the

          petitioners have been made accused in the present case. The

          informant did not sustain any firearm injury and the petitioners

          are not the owner of the motorcycle bearing Registration

          No.BR09AC-9220. The petitioners have got no concern with the

          alleged seized weapon or the motorcycles and they have got a

          clean antecedent.

                       5. The learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioners.

                       6. Having heard the learned counsel for the parties

          and after going through the records, it appears that the

          petitioners have been named in the present case, only on the

          basis of the confessional statement made by Ganga Sagar

          Kumar, from whose possession, the live cartridges were said to

          have been recovered. The pistol/firearm which was also

          snatched by the villagers and on the basis of the statement given

          by the arrested person, the name of                  petitioner no.1 has

          transpired to be the person who has fired upon the informant.

          The petitioners have got a clean antecedent.

                       7. Taking into consideration the facts aforesaid, let the

          petitioners, above-named, in the event of their arrest or
               Patna High Court CR. MISC. No.34030 of 2026(2) dt.18-05-2026
                                                           4/4




                         surrender within a period of six weeks, be released on bail on

                         furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)

                         each with two sureties of the like amount each to the satisfaction

                         of the learned Chief Judicial Magistrate, Begusarai in

                         connection with Ballia (Balliya) P.S. Case No.189 of 2025,

                         subject to the conditions laid down under Section 482(2) of the

                         B.N.S.S. with a further condition that:-

                                      The learned court concerned shall verify the criminal

                         antecedent of the petitioners and in case at any stage it is found

                         that the petitioners have concealed their criminal antecedent, the

                         court concerned shall take steps for cancellation of bail bonds of

                         the petitioners. However, the acceptance of bail bonds in terms

                         of the above-mentioned order shall not be delayed for purpose

                         of or in the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T


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