Patna High Court
Chhedi Mahto @ Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.
Summary
Chhedi Mahto (also known as Ankit Kumar) was arrested in connection with a case registered under Sections 109(1) and 3(5) of the B.N.S. and Section 27 of the Arms Act, where a co‑accused, Om Kumar, allegedly fired at the son of an informant. The petitioner contended that he was merely a member of the mob and had no direct involvement in the shooting, asserting that the FIR specifically implicates only Om Kumar. He also highlighted his clean criminal record and that he had been in judicial custody since 18‑12‑2025. The State opposed bail, but the Court, after considering the lack of any overt act against the petitioner and his antecedents, ordered his release on regular bail upon furnishing a bond of Rs. 10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- What is the applicability of bail provisions to a person alleged to be a member of a mob but not directly implicated in the alleged firing?
- Whether the petitioner’s lack of a criminal antecedent and the absence of specific allegations against him warrant the grant of regular bail under the relevant criminal procedure provisions.
Legislation cited
Subjects
- bail
- criminal procedure
- arms act
- false implication
- mob participation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37157 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- Manikpur District- Lakhisarai
======================================================
Chhedi Mahto @ Ankit Kumar S/o Yogendra Mahto Resident of village
-Bhawanipur, P.S-Manikpur, District- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 109(1) and
3(5) of B.N.S. and Section 27 of Arms Act.
3. The case of the prosecution, in short, is that the
petitioner along with others was there and one Om Kumar has
fired at the son of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that from
perusal of the F.I.R. it is clear that the specific allegation of
firing is against co-accused Om Kumar. Petitioner is merely a
Patna High Court CR. MISC. No.37157 of 2026(2) dt.15-06-2026
2/2
member of mob. There is no allegation of any overt act against
him. He is having no criminal antecedent and he is languishing
in judicial custody since 18.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Lakhisarai in connection with Manikpur P.S. Case No. 141 of
2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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