Patna High Court
Dhuruv MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Dhuruv Mahto, was arrested on 6 August 2025 in connection with FIR No. 355 of 2025 alleging murder of his wife’s husband under Sections 103(1), 238 and 3(5) of the B.N.S, 2023. The prosecution contended that the petitioner conspired with others to commit the murder, while the petitioner argued that the FIR was fabricated, there was a two‑day delay in filing, and no substantive evidence linked him to the crime. The petitioner also highlighted his clean antecedent and lack of any material suggesting his involvement. The Additional Public Prosecutor opposed bail, but the court considered the absence of concrete evidence, the delay in the FIR, and the petitioner’s claim of false implication. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S, 2023.
- Whether the delay in filing the FIR and lack of substantive evidence justify granting bail.
- Whether the claim of a fabricated FIR affects the bail decision.
Legislation cited
- B.N.S., 2023 — s. 103(1), 238, 3(5)
Subjects
- bail
- false FIR
- murder
- B.N.S 2023
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81831 of 2025
Arising Out of PS. Case No.-355 Year-2025 Thana- PIPRA District- East Champaran
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Dhuruv Mahto S/o Late Dhora Mahto Resident of Village- Bediwan
Madhuban, Tola Birdaban, P.S.- Pipra, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Mr. Sumit Kumar Gupta, Advocate
Ms. Isha Mishra, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 27-01-2026 Heard Mr. Sharda Nand Mishra, learned counsel for
the petitioner and Mr. Harendra Prasad, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
06.08.2025 in connection with Pipra P.S. Case No. 355 of 2025,
F.I.R. dated 06.08.2025 for the offences punishable under
Sections 103(1), 238 and 3(5) of B.N.S, 2023.
3. According to prosecution case, the informant
suspects that this petitioner in connivance with other accused
persons have committed murder of her husband.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.81831 of 2025(3) dt.27-01-2026
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F.I.R is false and fabricated and the petitioner has not committed
any offence as alleged in the F.I.R. From perusal of the F.I.R., it
appears that the date of occurrence is 04.08.2025 but the present
F.I.R. has been instituted on 06.08.2025 i.e., after delay of 2
days without giving any explanation of the said delay. Apart
from the aforesaid, it appears that the informant has raised
suspicion against the petitioner and except the suspicion, no
other cogent material has come during investigation which
suggest the involvement of the petitioner in the present
occurrence and even no one has seen the occurrence. He further
submits that the police after investigation submitted the charge
sheet against the petitioner. The petitioner is in custody since
06.08.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned S.D.J.M,
Sadar, East Champaran, Motihari in connection with Pipra P.S.
Case No. 355 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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