Created by Fuzzy Cloud

Patna High Court

Krishna MahatoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to prescribed conditions.

Summary

Krishna Mahato was arrested in connection with a murder case (Ramgarhwa P.S. Case No. 78 of 2025) and charged under Sections 126(2), 118(1), 118(2), 103(1) and 3(5) of the B.N.S., 2023. He applied for bail, claiming he has a clean antecedent and that the FIR is fabricated because it was lodged after the post‑mortem report. The prosecution opposed the bail, asserting the seriousness of the offences. The court examined the timing of the FIR, the absence of eye‑witnesses, and the petitioner’s clean record, and concluded that the circumstances warranted bail. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner accused of offences under Sections 126(2), 118(1), 118(2), 103(1) and 3(5) of the B.N.S., 2023.
  • Whether the FIR is false or fabricated and lacks sufficient evidentiary basis to deny bail.
  • Whether the petitioner’s clean antecedent and the circumstances of the case justify the grant of bail.

Legislation cited

Subjects

  • bail
  • false FIR
  • murder
  • clean antecedent
  • Criminal Procedure Code
  • B.N.S. 2023
  • Patna High Court
  • sections 126 118 103 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83773 of 2025
                 Arising Out of PS. Case No.-78 Year-2025 Thana- RAMGARHWA District- East Champaran
                 ======================================================
                 Krishna Mahato S/O Sheshnath Mahto R/O Shrikhindi, P.S.- Sugauli, District-
                 East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Patanjali Rishi, Advocate
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   10-03-2026                  Heard Mr. Patanjali Rishi, learned counsel for the

                   petitioner and Mr. Jitendra Kumar Singh, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioner seeks bail, who is in custody since

                   27.03.2025 in connection with Ramgarhwa P.S. Case No. 78 of

                   2025, F.I.R. dated 18.03.2025 for the offences punishable under

                   Sections 126(2), 118(1), 118(2), 103(1), 3(5) of the B.N.S.,

                   2023.

                                3. According to prosecution case, petitioner and other

                   accused person are alleged to have stabbed the daughter of the

                   informant 5-6 times with a knife resulting in her death.

                                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.83773 of 2025(4) dt.10-03-2026
                                            2/3




          F.I.R is false and fabricated and the petitioner has not committed

          any offence as alleged in the F.I.R. It appears from the FIR that

          the date of occurrence in the FIR is 17.03.2025 but the present

          FIR has been instituted on 18.03.2025. From bare perusal of the

          FIR, it appears that after the postmortem, the present FIR was

          instituted. The postmortem was conducted on 18.03.2025 about

          10:15 A.M. and the present FIR was instituted at 7:15 P.M.

          which suggest that after receiving the postmortem report

          afterthought the present FIR was instituted only to falsely

          implicate the petitioner and there is no eye-witness to support

          the allegation in the FIR against the petitioner and the police

          after investigation submitted the charge sheet against the

          petitioner and the petitioner is in custody since 27.03.2025.

                       5.   Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent and the fact that the FIR

          was instituted after the postmortem and period of custody of the

          petitioner, 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 court

          of learned Sub Divisional Judicial Magistrate, Motihari, East
            Patna High Court CR. MISC. No.83773 of 2025(4) dt.10-03-2026
                                                        3/3




                      Champaran/successor court in connection with Ramgarhwa P.S.

                      Case No. 78 of 2025, subject to the following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      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)

Ranjeet/-
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.