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Patna High Court

Lagnu Mahto @ Vivek KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
Patna High Court CR. MISC. No.77706 of 2025(3) dt.06-02-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.77706 of 2025(3) dt.06-02-2026
                                                       3/3




                     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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