Patna High Court
Birendra Kumar Mahto @ Birendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that, given the petitioner’s clean antecedent and lack of direct incriminating evidence, anticipatory bail may be granted subject to the conditions prescribed under Section 482(2) of the B.N.S., 2023.
Summary
Petitioner Birendra Kumar Mahto sought anticipatory bail fearing arrest in a case (Goraul PS Case No. 519 of 2025) filed under Sections 103(1) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that co‑accused entered the informant’s house, assaulted his mother who subsequently died of a heart attack, and that the petitioner had instructed the killing. The petitioner contended he was falsely implicated due to a land dispute, had no direct allegation against him, and the death was natural as per the post‑mortem report. The State and the informant opposed the bail. Considering the petitioner’s clean antecedent, the nature of the allegations, and the lack of direct evidence, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the allegations against the petitioner constitute a serious offence warranting denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103(1), 3(5), 482(2)
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- natural death
- false implication
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7262 of 2026
Arising Out of PS. Case No.-519 Year-2025 Thana- GORAUL District- Vaishali
======================================================
Birendra Kumar Mahto @ Birendra Kumar S/O Mahanth Mahto @ Mahanta
Mahto Rresident of village- Ward No.06 Bahadurpur, Post Office,Police
Station-Goraul, District- Vaishali. At present resident of village Tripai Road
near Power house, Post-Office,Police Station Kalimong, District-Kalimpong
(West Bengol) .
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shrinath Manjhi, Advocate.
For the State : Mr. Dr. Indiwar Kumari, A.P.P.
For the Informant : Mr. Sharad Kumar Verma, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 05-05-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in connection
with Goraul P.S. Case No.519 of 2025 instituted under Sections
103(1), 3(5) of the B.N.S., 2023.
3. As per the prosecution case, on 06.09.2025 co-
accused persons namely Sunila Devi and Sannu Devi entered
into the house of the informant having armed with various
weapons and started abusing and assaulting the mother of the
informant. It is alleged that mother of informant is heart patient
and due to attack of co-accused persons she died of heart attack
and brain injury. Specific allegation against the petitioner is that
Patna High Court CR. MISC. No.7262 of 2026(3) dt.05-05-2026
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he alongwith co-accused Jagdeo Mahto have given instruction
for killing of mother of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case being the nephew of co-accused Sunila Devi. He further
submits that there is no specific allegation of assault to the
deceased against the petitioner. Learned counsel submits that in
the post mortem report, it was found that the deceased was died
due to heart attack and, therefore, her death was natural death.
He further submits that both the parties are close agnates and
there is land dispute between them since long due to which, the
petitioner has been implicated in this case. Learned counsel
submits that petitioner has got clean antecedent and he
undertakes to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State and learned counsel for
the informant oppose the prayer for anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as his
clean antecedent, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.7262 of 2026(3) dt.05-05-2026
3/3
(Rupees Ten Thousand) with two sureties of the like amount to
each to the satisfaction of the learned Additonal Chief Judicial
Magistrate, Vaishali at Hajipur/ concerned Court in connection
with Goraul P.S. Case No.519 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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