Patna High Court
Krishna MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- B.N.S., 2023 — s. 103(1), 118(1), 118(2), 126(2), 3(5)
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
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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. 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
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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
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