Patna High Court
Lagnu Mahto @ Vivek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that the presence of a direct allegation of firing corroborated by the post‑mortem report warrants denial of bail.
Summary
Lagnu Mahto was arrested in connection with a case where he and co‑accused allegedly assaulted an informant, fired a weapon through a door and caused a fatal gunshot injury to the informant’s father. The petitioner, who has been in custody since November 2024 and has one prior criminal antecedent, claimed false implication and argued that identification of the shooter was improbable. The State opposed bail, citing a direct allegation of firing and a post‑mortem report confirming death due to bullet injury. The court examined the seriousness of the charges under the Bharatiya Nyaya Sanhita and the Arms Act and found the evidence sufficient to deny bail. Consequently, the bail application was rejected and the trial was directed to proceed expeditiously.
Issues considered
- Whether bail should be granted to the petitioner given the direct allegation of firing and corroborating post‑mortem evidence.
- Whether the petitioner’s claim of false implication and lack of eyewitness identification is sufficient to merit bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 126(2), 3(5), 352
Subjects
- bail
- criminal procedure
- Arms Act
- homicide
- assault
- post‑mortem evidence
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77706 of 2025
Arising Out of PS. Case No.-285 Year-2024 Thana- DALSINGHSARAI District- Samastipur
======================================================
Lagnu Mahto @ Vivek Kumar S/o Late Ranjeet Mahto R/o Village-
Bhatgama, Ward No.27, P.S- Dalsinghsarai, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Choudhary Shyam Nandan, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard Mr. Choudhary Shyam Nandan, learned counsel
for the petitioner and Ms. Renu Kumari, learned APP for the
State. Perused the case diary.
2. The petitioner seeks bail in connection with
Dalsingsarai P.S. Case No. 285 of 2024 instituted for the offence
under Sections 126(2), 115(2), 109, 103, 352 & 3(5) of the
Bharatiya Nyaya Sanhita, 2023 of the Indian Penal Code and
Section 27 of the Arms Act.
3. The prosecution case, in short, is that the accused
persons assaulted the informant for refusing to open his shop
and later returned with common intention, abusing and creating
terror. It is further alleged that on provocation of co-accused,
Shivam Mahto and Lagnu Mahto (petitioner) fired from outside
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the door, causing a firearm injury to the informant’s father, who
later died during treatment.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 18.11.2024. Petitioner
bears one criminal antecedent, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Learned counsel submits that it is highly improbable that
any person can identify accused from the back of close door.
There is no eye witness to the occurrence. As per FIR, petitioner
allegedly fired due to which father of the informant sustained
injury. Charge sheet has already been submitted in this case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. There is
direct allegation of firing against the petitioner and as per
postmortem report, cause of death is hemorrhage and shock due
to bullet injury.
7. Considering the aforesaid facts and circumstances
of the case and there being direct allegation of firing against the
petitioner, which is corroborated by the postmortem report, this
Court is not inclined to grant bail to the petitioner. Prayer for
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grant of bail to the petitioner is hereby rejected.
8. The Trial Court is directed to expedite the trial as
expeditiously as possible without any undue delay and
unnecessary adjournments.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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