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Patna High Court

Vishwanath MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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