Patna High Court
Shashi Kumar @ Shashi Mahto @ Shshi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
Shashi Kumar was arrested in connection with PS‑138 of 2024 for alleged homicide of an informant’s brother while driving a Scorpio under the influence, charged under Sections 281 and 125(b) of the Bihar Narcotic Substances Act, 2023, Section 37 of the Bihar Prohibition and Excise Act and later Section 105(2) of the B.N.S. He had been in custody since 26‑08‑2024 and his earlier bail plea was rejected. In a second bail application, his counsel argued his innocence, clean antecedents and that none of the eight trial witnesses had been examined, while also noting that the victim girl had eloped with him. The State opposed the bail. The court, considering the circumstances and the victim’s statement, allowed regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the Exclusive Special Excise Judge‑1, Begusarai. The order was made on a prima facie basis and does not prejudice the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges including homicide and narcotic offences.
- Whether the lack of examination of trial witnesses and the petitioner’s clean antecedents justify bail.
- Whether the elopement of the victim girl with the petitioner impacts the bail decision.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 105(2), 125(B), 281
Subjects
- bail
- criminal procedure
- drunk driving homicide
- sections 281, 125(b) B.N.S.
- section 37 Bihar Prohibition and Excise Act
- elopement
- prima facie
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8520 of 2026
Arising Out of PS. Case No.-138 Year-2024 Thana- PHULWARIA District- Begusarai
======================================================
Shashi Kumar @ Shashi Mahto @ Shshi Kumar Son of Chandradeo Mahton
@ Chandradeo Mahto @ Chandradeb Mahto @ Chandradeb Mahato Resident
Of Village - Phulwariya 01, (Phulwaria), Ward no. 03, Kairiwari, Ps-
Phulwaria, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam
For the Opposite Party/s : Mr. Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt of the bail of the
petitioner. Earlier the prayer for bail of the petitioner was
rejected vide order dated 14.05.2025 passed in Cr. Misc. No.
2746 of 2025.
3. The petitioner seeks regular bail in connection with
Phulwariya P.S. Case No. 138 of 2024 registered for the offence
under Sections 281, 125(B) of the B.N.S., 2023 and section 37
of the Bihar Prohibition and Excise Act and later on section 105
(part 2) of the B.N.S. was added.
4. The petitioner is accused of killing the informant’s
brother while driving a Scorpio vehicle in a drunken condition.
Patna High Court CR. MISC. No.8520 of 2026(3) dt.02-04-2026
2/3
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner has clean antecedent and he is in custody since
26.08.2024. Learned counsel further submits that in the trial out
of eight witnesses, no witness has been examined till date.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
7. Considering the aforesaid facts and circumstances
of the case and also from the statement of the victim girl it
appears that she had eloped with the petitioner, period of
custody of the petitioner, this application for regular bail is
allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Judge-1,
Begusarai/concerned court below in connection with Phulwariya
P.S. Case No. 138 of 2024.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.8520 of 2026(3) dt.02-04-2026
3/3
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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