Patna High Court
Awadhesh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted regular bail to the petitioner, finding no sufficient ground to deny bail.
Summary
Awadhesh Mahto petitioned for regular bail in a case registered under Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 concerning the alleged death of his sister-in‑law. The prosecution alleged that the deceased may have been killed by her in‑laws and that the petitioner was implicated, while the informant’s family claimed suicide. The petitioner’s counsel argued that he had no criminal intent, highlighted that he had taken the victim to hospital, and pointed to the broken door lock as evidence of no foul play. It was also noted that the deceased’s husband resides abroad and no complaint was lodged against the petitioner, who has no prior criminal record. After considering the submissions and the lack of a prima facie case, the court ordered bail on the condition of a Rs.10,000 bond with two sureties. The bail application was therefore allowed. The order was pronounced by Justice Khatim Reza.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged facts.
- Whether the evidence on record establishes a prima facie case against the petitioner.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 3(5)
Subjects
- regular bail
- bail application
- Bharatiya Nyaya Sanhita
- criminal procedure
- prima facie case
- no criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70859 of 2025
Arising Out of PS. Case No.-50 Year-2025 Thana- AMNAUR District- Saran
======================================================
Awadhesh Mahto S/O Sheo Bacchan Mahto R/o Village- Lachhi Kaituka,
Police Station- Amnour, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Avinash Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in Amnour Police
Station Case No.50 of 2025, dated 04-03-2025 registered under
Sections 103(1), 238 and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3.The prosecution case, in short, is that the
informant’s sister went to her in-laws’ house on 02-03-2025 to
attend a neighbour’s wedding. Thereafter, no one was able to
contact her. The informant tried to call her and even her
husband, who lives in Africa but could not contact her. Later,
when the informant went to her in-laws’ house, they told him
that his sister had committed suicide and they had already
performed her last rites. When the informant objected, the
Patna High Court CR. MISC. No.70859 of 2025(4) dt.21-01-2026
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petitioner and his family members abused him and threatened
him. The informant suspects that his sister’s in-laws might have
killed her and then falsely claimed that she committed suicide.
He also stated that the accused had earlier threatened to kill her.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. It is further submitted that the petitioner is the
elder brother of the husband of the deceased and had no direct
role in the alleged occurrence. It is further submitted that as
recorded in paragraph no. 32 of the case diary, the in-laws of the
informant’s sister, including the son and daughter of the
deceased, namely Ankush Kumar and Sagun Kumari, have
stated that on the alleged date of occurrence the petitioner had
taken the victim to the hospital for her treatment. This
circumstance clearly indicates the absence of any criminal intent
on the part of the petitioner. Referring to paragraph no. 6 of the
case diary, learned counsel submits that a detailed inspection of
the deceased’s room was conducted by the Investigating Officer,
during which, it was found that the handle of the door of the
room was broken from the middle and the lock used to close the
door from inside was also broken, which does not directly
implicate the petitioner in the alleged offence. It is further
Patna High Court CR. MISC. No.70859 of 2025(4) dt.21-01-2026
3/3
submitted that the husband of the deceased has been residing
outside the country in Africa and no complaint or allegation has
been made by the children of the deceased against the petitioner.
Lastly, learned counsel submits that the petitioner has been in
judicial custody since 14.07.2025 and has no criminal
antecedents. The charge-sheet in the present case has already
been submitted.
5. Learned Additional Public Prosecutor for the State
has opposed the prayer.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the petitioner be released on bail upon furnishing bail bonds of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of the learned J.M. 1st Class, Saran at
Chapra, in Amnour Police Station Case No.50 of 2025.
7. The application stands allowed.
(Khatim Reza, J)
shyambihari/-
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