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Patna High Court

Subhash Mahto @ Virappan Mahto @ Veerappaan MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, subject to a bond and sureties.

Summary

The petitioner, Subhash Mahto, applied for regular bail in a case registered under Sections 386, 387 and 34 of the Indian Penal Code relating to a robbery and assault incident. The incident involved unidentified motorcyclists assaulting an informant and robbing co‑workers of Rs.20,000. The petitioner claimed innocence, asserting that the victim’s initial statement did not name him, and only later identified him in a re‑statement. The State opposed bail, but the court, after considering the facts, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to cooperation with the trial. The order was pronounced by Justice Nawneet Kumar Pandey.

Issues considered

  • Whether the petitioner is entitled to regular bail for offences under IPC Sections 386, 387 and 34
  • Whether the circumstances of the case justify denial of bail

Legislation cited

Subjects

  • bail
  • robbery
  • dacoity
  • common intention
  • Indian Penal Code
  • Criminal Procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64496 of 2025
                         Arising Out of PS. Case No.-247 Year-2024 Thana- JAMUI District- Jamui
                 ======================================================
                 Subhash Mahto @ Virappan Mahto @ Veerappaan Mahto S/O Saudagar
                 Mahto R/O Vill.- Kakan, P.S.- Jamui, District- Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr.Satya Prakash Parasar
                 For the State              :      Mr. J.N.Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   21-01-2026                            Heard the learned counsel for the parties.

                                        2. This is an application for regular bail on behalf

                   of the petitioner for the offences alleged under Sections 386 and

                   387/34 of the Indian Penal Code registered in connection with

                   Jamui P.S.Case No. 247/2024.

                                        3. As per allegation, while the informant was

                   engaged in his work, some unidentified persons riding on

                   motor-cycles came at the scene and without any provocation,

                   hit him with hard and blunt substance, causing him injury. The

                   miscreants also robbed the co-workers of the informant of Rs.

                   20,000/- and also demand more to satiate their desires.

                                        4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been
           Patna High Court CR. MISC. No.64496 of 2025(4) dt.21-01-2026
                                                       2/2




                     implicated. One of the victim namely Abhimanyu Kumar, who

                     is the signatory of the fardbayan, did not disclose the name of

                     the petitioner while jotting down the                fardbayan, but

                     subsequently in his re-statement, he named the petitioner, stating

                     hat the criminals were calling the petitioner as Verappan and

                     except that there is nothing against the petitioner. The petitioner

                     is in custdoy since 20.05.2025 and in all the cases mentioned in

                     para-3 of the bail petition, the petitioner is on bail.

                                  5. On the other hand, Mr. J.N.Thakur, the learned APP

                     for the State, has opposed the prayer for bail.

                                  6. Considering the above facts and circumstances, let

                     the petitioner, above-named, be released on bail on furnishing

                     bail bond of Rs. 10,000/-(ten thousand) with two sureties of the

                     like amount each to the satisfaction of learned Chief Judicial

                     Magistrate Jamui in connection with Jamui P.S.Case No.

                     247/2024, subject to the condition that the petitioner shall

                     cooperate in the disposal of trial and make himself available as

                     and when required by the court.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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