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Patna High Court

Shashi Kumar @ Shashi Mahto @ Shshi KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                       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
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                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


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