Patna High Court
Shiv Lal MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner, finding that the delay in FIR, the civil dispute, and the completed investigation warranted his release.
Summary
Shiv Lal Mahto was arrested in connection with a case registered under Sections 341, 342, 406, 420, 467, 468, 506 read with 34 of the Indian Penal Code. He applied for regular bail, contending that the FIR was lodged 21 days after the alleged incident, that the matter involved a civil dispute between co‑accused and the informant, and that he had not benefited from the alleged transaction. The petitioner also highlighted that another co‑accused had already been granted bail and that the investigation against him was complete, while he had been in custody since 12 October 2025. The State opposed the bail application. Considering the delay in filing the FIR, the completed investigation, the civil nature of the dispute, and the petitioner’s prolonged detention, the Court ordered his release on bail upon furnishing a bond of Rs. 20,000 with two sureties.
Issues considered
- What is the effect of a 21‑day delay in lodging the FIR on the grant of regular bail?
- Does the existence of a civil dispute between co‑accused and the informant preclude bail?
- Should the completion of investigation and the bail of a co‑accused influence the decision to grant bail to the petitioner?
Legislation cited
- Indian Penal Code — s. 34, 341, 342, 406, 420, 467, 468, 506
Subjects
- regular bail
- FIR delay
- civil dispute
- investigation completed
- IPC offences
- High Court of Patna
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86011 of 2025
Arising Out of PS. Case No.-111 Year-2021 Thana- KUDHNI District- Muzaffarpur
======================================================
Shiv Lal Mahto S/O Late Jamun Mahto Resident of Dariyapur Kafen, P.S.-
Turki, Dist.- Muzaffarpur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad,Adv.
For the Opposite Party/s : Mr.Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 Heard Mr. Sheo Kumar Prasad, learned counsel for
the petitioner and Mr. Bharat Lal, learned APP for the State.
2. Petitioner seeks regular bail in connection with
Kudhani (Turki) P.S. Case No. 111/ 2021 dated 21.02.2021
registered for the offence(s) punishable under Sections 341,
342, 406, 420, 467, 468, 506 read with 34 of the IPC.
3. The main submissions advanced by the petitioner’s
counsel are that the FIR was lodged after 21 days of the alleged
occurrence without any explanation, there is a civil dispute in
between the co-accused, Krishna Kumari and the informant and
the said co-accused is main beneficiary of the alleged document
of transfer of the land and from the alleged act the petitioner has
not got any kind of benefit and further one co-accused, namely,
Ramesh Mandal, in whose house the alleged occurrence took
Patna High Court CR. MISC. No.86011 of 2025(2) dt.09-01-2026
2/2
place, has already been granted bail by a co-ordinate bench of
this court vide order dated 18.12.2025 passed in Cr. Misc. No.
86561 of 2025. It is lastly submitted that petitioner has been
languishing in jail since 12.10.2025 and against him the
investigation has been completed.
4. The learned APP appearing for the State has
opposed the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the aforesaid submissions advanced by the
petitioner’s counsel as well as averments made in this petition
coupled with the petitioner’s custody period and delay of 21
days in lodging the FIR and completion of investigation against
him, this court is inclined to release the petitioner on bail.
Accordingly, let the petitioner named-above be released on bail
in connection with Kudhani (Turki) P.S. Case No. 111/ 2021 on
furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand)
with two sureties of the like amount each to the satisfaction of
the Court concerned.
(Shailendra Singh, J)
BKS/-
U T
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