Created by Fuzzy Cloud

Patna High Court

Kishor MahatoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to stringent conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners, members of the Mahato family, were charged under Sections 126(2), 115 and 103(1) r/w 3(5) of the Bhartiya Nyaya Sanhita for allegedly assaulting the mother of an informant, leading to her death, and for assaulting the informant's sons. The petitioners contended that they were constructing a boundary wall on their own land and that the death was due to a pre‑existing heart condition, as indicated by the post‑mortem report which showed no injuries. The State opposed bail, arguing the seriousness of the offences. The Court examined the evidence, the post‑mortem findings, and the provisions of Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, and concluded that bail could be granted provided the petitioners surrendered within eight weeks and complied with strict bail conditions. Accordingly, bail was ordered on a bond of Rs.10,000 with two sureties and conditions of personal appearance and a close relative as a bailor. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether the petitioners are entitled to bail despite being charged with murder and assault under the Bhartiya Nyaya Sanhita.
  • Whether the post‑mortem report negates the prosecution's case of homicide.
  • Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits the grant of bail in the present circumstances.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • assault
  • land dispute
  • post‑mortem report
  • Section 482
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76880 of 2025
                        Arising Out of PS. Case No.-161 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
           1.     Kishor Mahato Son of Late Bashdev Mahato @ Late Basa Mahato Resident
                  of village- Laguni, P.O.- Dhenuki, P.S.- Panapur, District- Saran at Chapra-
                  841417.
           2.    Harendra Mahato Son of Late Bashdev Mahto @ Late Basa Mahato
                 Resident of village- Laguni, P.O.- Dhenuki, P.S.- Panapur, District- Saran at
                 Chapra-841417.
           3.    Rajendra Mahato son of Late Bashdev Mahto @ Late Basa Mahato Resident
                 of village- Laguni, P.O.- Dhenuki, P.S.- Panapur, District- Saran at Chapra-
                 841417.
           4.    Lalo Devi wife of Harendra Mahato Resident of village- Laguni, P.O.-
                 Dhenuki, P.S.- Panapur, District- Saran at Chapra-841417.
           5.    Sunita Devi wife of Rajendra Mahato Resident of village- Laguni, P.O.-
                 Dhenuki, P.S.- Panapur, District- Saran at Chapra-841417.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr.Jeetendra Narayan, Adv.
                 For the State            :        Mr.Mohammad Sufyan, APP
                 For the informant        :        Mr.Tuhin Shankar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   13-01-2026                     Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 126(2), 115, 103(1) r/w

                   3(5) of the Bhartiya Nyaya Sanhita.

                                3. As per F.I.R., on 16.05.2025 at about 11 AM, these

                   petitioners were constructing boundary wall over the land of

                   informant and on protest by mother of informant, they abused
Patna High Court CR. MISC. No.76880 of 2025(3) dt.13-01-2026
                                            2/3




          and assaulted on the head of mother of informant, as a result of

          which, she died. It is further alleged that when son of informant

          namely Prem Kumar and Raju Kumar came to save her, they

          were also assaulted.

                       4. Learned counsel for the petitioners submits that

          petitioners are quite innocent and have been falsely implicated

          due to long admitted land dispute between the parties. Both

          parties are agnates and there are series of litigation pending

          between them. In fact, petitioners were constructing/repairing

          boundary wall over their own land, which was opposed by

          informant, due to which, a scuffle took place between the parties

          and when mother of informant came to pacify the matter, all of a

          sudden, she fell down and became unconscious. The post-

          mortem report contradicts the entire prosecution case. As per

          post-mortem report, the deceased died “due to cardiopulmonary

          arrest due to heart disease” and doctor has not found any

          external or internal injury on the person of deceased.

                       5. Learned A.P.P. for the State and learned counsel for

          the informant opposed the bail petition.

                       6. In the facts and circumstances of the case, let the

          above named petitioners, in the event of their arrest/surrender

          within a period of eight weeks from today, be enlarged on bail
           Patna High Court CR. MISC. No.76880 of 2025(3) dt.13-01-2026
                                                       3/3




                     on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each

                     with two sureties of the like amount each to the satisfaction of

                     learned J.M. 1st Class, Saran at Chapra              in connection with

                     Panapur P.S. Case No. 161 of 2025, subject to condition as laid

                     down under Section 482 of the Bhartiya Nagrik Suraksha

                     Sanhita, 2023 with further conditions:

                                          “(i) One of the bailors shall be close
                                   relative of the petitioners.
                                          (ii) Petitioners shall cooperate in the trial
                                   and shall remain physically present on each
                                   and every date, as fixed by the Court, and on
                                   their absence on two consecutive dates, without
                                   prior permission/sufficient reason, their bail-
                                   bonds shall liable to be cancelled by the Court
                                   concerned.”



                                                      (Prabhat Kumar Singh, J)
anay

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.