Patna High Court
Vishwanath MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioners subject to bond and conditions.
Summary
The petitioners—Vishwanath Mahto and his sons Sudhir Kumar and Santosh Kumar—applied for bail in a case registered under Sections 137(2), 140(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging they abducted an informant with intent to kill him. The prosecution alleged that the informant, who was already married, had an affair with the petitioners' daughter and was later abducted by the petitioners. The petitioners contended they were falsely implicated, arguing the informant had lodged the case to evade a separate case against him under Section 87 of the same Act. The court noted the petitioners had been in custody since 7 March 2026, possessed a clean antecedent, and that a charge‑sheet had been filed. Considering these factors, the court granted bail on a bond of Rs. 10,000 each with two sureties and imposed conditions under Section 480(3) of the BNS.
Issues considered
- Whether bail should be granted to the accused in offences under Sections 137(2), 140(1) r/w Section 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioners pose a flight risk or risk of tampering with evidence.
- Whether the clean antecedent and filing of charge‑sheet justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(1), 3(5), 480(3), 87
Subjects
- bail
- criminal procedure
- kidnapping
- attempted murder
- Bharatiya Nyaya Sanhita
- Section 137
- Section 140
- Section 480
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38366 of 2026
Arising Out of PS. Case No.-118 Year-2026 Thana- DALSINGHSARAI District- Samastipur
======================================================
1. Vishwanath Mahto S/o- Late Tirath Mahto R/v- Prem Brahanda Ps- Ujiarpur
Dist- Samastipur
2. Sudhir Kumar S/o- Vishwanath Mahto R/v- Prem Brahanda Ps- Ujiarpur
Dist- Samastipur
3. Santosh Kumar S/o- Vishwanath Mahto R/v- Prem Brahanda Ps- Ujiarpur
Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
02. In the present case, the petitioners seek bail in
connection with Dalsingsarai P.S. Case No. 118 of 2026
registered for the alleged offences under Sections 137(2), 140(1)
r/w Section 3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, the informant, a married
person, entered into affair with the daughter of petitioner no. 1
and solemnized marriage with her and started living as husband
and wife. Subsequently, the informant was abducted by the
petitioners and they confined him in a room with intention to
Patna High Court CR. MISC. No.38366 of 2026(2) dt.17-06-2026
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kill him. The informant was rescued by the police party.
04. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. The prosecution story is quite absurd. In fact, the
husband of daughter of petitioner no. 1 has registered a case
against the present informant vide Ujiarpur P.S. Case No. 328 of
2025 under Section 87 of BNS and in order to save himself from
the said case, the informant has lodged this false case against the
petitioner. The conduct of the informant shows he is not a good
person who entered into an affair, even though he was already
married having a child and a pregnant wife. The petitioners are
father and brothers of the lady who was taken away by the
informant of this case. The petitioner are in custody since
07.03.2026 and they are having clean antecedent. Charge-sheet
has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioners.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioners and their clean antecedent
along with submission of charge-sheet, the petitioners above
named are directed to be released on bail on furnishing bail
Patna High Court CR. MISC. No.38366 of 2026(2) dt.17-06-2026
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bonds of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Additional
Chief Judicial Magistrate-I, Dalsingsarai, Samastipur/court
concerned in connection with Dalsingsarai P.S. Case No. 118 of
2026, subject to the conditions mentioned in Section 480(3) of
BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioners.
(ii) The petitioners will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioners will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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