Patna High Court
Sanjay Mahto @ Sanjay Kumar MahtoversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that in the absence of any incriminating material beyond mere suspicion, the petitioners are entitled to bail.
Summary
The petitioners, Sanjay Mahto and Chhotu Mahto, were named in an FIR for alleged murder of an informant's husband, originally under Sections 363, 120‑B and 34 of the IPC, later amended to include Sections 302 and 201. The prosecution alleged that the petitioners administered intoxicating liquor and then assaulted the victim, leading to his death. The petitioners contended that the death was accidental after the victim fell while intoxicated, that the body was recovered from a public place, and that there was no incriminating evidence against them. They applied for bail, arguing lack of material to justify continued detention. The Court, noting the absence of substantive evidence beyond suspicion, granted bail subject to a bond of Rs.10,000 each and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the material on record is sufficient to deny bail to the accused under Section 438 of the CrPC.
- Whether the allegations under Sections 363, 120‑B, 34, 302 and 201 of the IPC constitute a case for remand without bail.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120-B, 201, 302, 34, 363
Subjects
- bail
- murder
- IPC
- Section 438 CrPC
- presumption of innocence
- accidental death
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69562 of 2024
Arising Out of PS. Case No.-535 Year-2022 Thana- GORAUL District- Vaishali
======================================================
1. Sanjay Mahto @ Sanjay Kumar Mahto,
2. Chhotu Mahto @ Chhotu Kumar
Both are sons of Raj Kumar Mahto, Resident of Village-Sahpur, Khurd, P.S.
Goraul, (Kathara O.P.), District- Vaishali
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 04-02-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR and
apprehending their arrest in connection with Goraul P.S.
(Kathara O.P.) P.S. Case No.535 of 2022 registered under
Sections 363, 120-B read with 34 of the Indian Penal Code
but, later on Sections 302 and 201 of the Indian Penal Code
was added in the FIR.
3. Allegation against petitioner is to commit murder
of husband of the informant after administering toddy and
intoxicating materials. The allegation of brutal assault is also
available. It is alleged that the occurrence took lace on
Patna High Court CR. MISC. No.69562 of 2024(5) dt.04-02-2026
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24.11.2022 when the informant along with his husband
visited the house of petitioners to join the marriage function,
being family friend.
4. It is submitted by learned counsel appearing for
petitioners that the husband of informant died due to accident
as after consuming liquor, he fell down to ground and
received head injury. It is submitted that being family friend,
there was no occasion to assault or to commit murder of the
husband of informant. It is submitted that even the dead body
was recovered from an open place, which is accessible by
general public and moreover except suspicion, nothing
appears incriminating against petitioners, where even
suspicion is appearing unfounded. The petitioners claimed
clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as except suspicion nothing appears
incriminating against petitioner out of FIR, where admittedly
the dead body of husband of informant was recovered from
an open place, accordingly, both petitioners, above-named,
Patna High Court CR. MISC. No.69562 of 2024(5) dt.04-02-2026
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are directed to be released on bail, in the event of their arrest
or surrender in the court below within a period of four weeks,
on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to
the satisfaction of the learned A.C.J.M.-II, Vaishali at Hajipur
in connection with Goraul P.S. (Kathara O.P.) Case No.535 of
2022, subject to the conditions as laid down under Section
438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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