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Patna High Court

Ajay Kumar Mahto @ Ajay KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail to the petitioner.

Summary

The petitioner, Ajay Kumar Mahto, applied for bail in connection with several offences under the Bihar Non‑Compulsory Statutes (BNS) and Section 27 of the Arms Act, alleging that he was falsely implicated due to village politics. The prosecution alleged that the petitioner and co‑accused fired at an informant who was attempting to flee. The petitioner argued that a co‑accused had already been granted bail and therefore he deserved parity. The State opposed bail, highlighting three prior criminal antecedents, including a case for threatening the prosecution, and emphasized the seriousness of the allegations. The High Court, noting the repeated threats to the prosecution and the gravity of the charges, dismissed the bail application and ordered a separate bail‑cancellation proceeding for the co‑accused, as well as a report from the Superintendent of Police on whether Section 111 of the BNS applies.

Issues considered

  • Whether bail should be granted to the petitioner under the charged sections of the BNS and the Arms Act.
  • Whether the petitioner’s prior criminal antecedents and alleged threats to the prosecution preclude the grant of bail.
  • Whether the grant of bail to a co‑accused creates a right to parity for the petitioner.

Legislation cited

Subjects

  • bail
  • criminal antecedents
  • threat to prosecution
  • Arms Act
  • political victimisation
  • parity
  • bail cancellation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41525 of 2026
                      Arising Out of PS. Case No.-120 Year-2025 Thana- ROSERA District- Samastipur
                 ======================================================
                 Ajay Kumar Mahto @ Ajay Kumar S/O Jogindra Mahto @ Yogendra Mahto
                 R/O Village - Batha, P.S- Rosera, District - Samastipur Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Madhav Kumar
                 For the Opposite Party/s :        Mr.Nirmala Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   30-06-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Rosera P.S. Case No. 126(2), 249, 109(1), 61(2), 351(2), 3(5) of

                   the BNS and under Section 27 of the Arms Act.

                                   3. As per the prosecution case, the informant has

                   alleged that when he was going to Rosera the accused persons

                   tried to stop his motorcycle and when the informant tried to flee

                   away, the accused persons have fired upon him.

                                   4. The petitioner is in custody since 16.01.2026.

                                   5. Learned counsel for the petitioner submits that

                   the petitioner has falsely been implicated in this case because of

                   village politics. He next submits that one co-accused namely

                   Prabhat Kumar Mahto @ Pintu has been granted bail by the
Patna High Court CR. MISC. No.41525 of 2026(3) dt.30-06-2026
                                            2/3




          Court below and therefore the petitioner deserves bail on the

          ground of parity.

                          6. Learned APP for the State has opposed the

          application of the petitioner and has submitted that the petitioner

          has three criminal antecedents also including one case bearing

          Rosera P.S. Case No. 93 of 2025 which was registered for

          threatening the prosecution. It is also alleged in the FIR that the

          prosecution was threatened by the criminals who were in

          Howrah Jail and the threat was given to the prosecution for

          stopping them to depose in the connected Sessions Trial.

                          7. Considering the fact that the accused persons are

          repeatedly threatening the prosecution for stopping them from

          deposing in connected sessions trial, this Court is not inclined to

          grant bail to the petitioner.

                          8. Accordingly, this application is dismissed.

                          9. In the opinion of this Court, the bail granted to

          the co-accused Prabhat Kumar Mahto @ Pintu vide order dated

          9.6.2025 passed in B.P. No. 689 of 2025 deserves to be looked

          into by this Court as the allegations are serious in nature.

                          10. In these circumstances, the office is directed to

          register a separate bail cancellation application arising out of

          order dated 9.6.2025 passed in B.P. No. 689 of 2025 by District
          Patna High Court CR. MISC. No.41525 of 2026(3) dt.30-06-2026
                                                      3/3




                    and Additional Sessions Judge-1, Rosera, Samastipur and list

                    the same before the appropriate Bench.

                                    11. The Superintendent of Police, Samastipur is

                    also directed to examine the records of the case and he will file

                    a report before the next date of hearing as to whether offences

                    under Section 111 of the BNS is made out against the accused

                    persons of this Case or not. If the offence under Section 111 of

                    the BNS is made out against the accused persons of this case

                    then appropriate steps shall be taken by the Superintendent of

                    Police, Samastipur in this regard.

                                    12. List this case after two weeks under the heading

                    “For Orders” for considering the report of the Superintendent of

                    Police, Samastipur.

                                    13. Let a copy of this order be communicated to the

                    Superintendent of Police, Samastipur through FAX for its

                    compliance.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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