Patna High Court
Subhash Mahto @ Subas MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioners subject to conditions under Section 438(2) of the CrPC.
Summary
The petitioners, a group of family members, sought bail after being implicated in an FIR alleging they entered an informant's house with intent to kill and outrage her modesty, invoking several sections of the Bihar Narcotic Substances Act, 2023. The prosecution opposed bail, while the petitioners argued they have clean antecedents and that the FIR contains only a general allegation without specific acts against them, noting the injury to the informant was simple. The court examined the lack of specific allegations, the petitioners' clean record, and the nature of the injury, and concluded that bail was appropriate. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC, including cooperation with the trial and no tampering with evidence. The order also directed the lower court to verify antecedents and cancel bail if concealment is discovered.
Issues considered
- Whether bail should be granted to the petitioners under Section 438(2) of the CrPC given the nature of the offences alleged under the Bihar Narcotic Substances Act, 2023.
- Whether the FIR contains specific allegations of assault or overt acts against the petitioners sufficient to deny bail.
- Whether the petitioners' clean antecedent and the simple nature of the injury justify the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- CrPC
- Section 438
- Bihar Narcotic Substances Act
- clean antecedent
- simple injury
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86635 of 2025
Arising Out of PS. Case No.-428 Year-2025 Thana- DARAUNDA District- Siwan
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1. Subhash Mahto @ Subas Mahto S/O Late Chandrika Mahto R/o Vill.-
Gurujwa Jalalpur, P.S.- M.H. Nagar (Hasanpura), Dist.- Siwan.
2. Pritam Kumar @ Deepak Kumar Mahto S/O Subhash Mahto @ Subas
Mahto R/o Vill.- Gurujwa Jalalpur, P.S.- M.H. Nagar (Hasanpura), Dist.-
Siwan.
3. Prince Kumar S/O Subhash Mahto @ Subas Mahto R/o Vill.- Gurujwa
Jalalpur, P.S.- M.H. Nagar (Hasanpura), Dist.- Siwan.
4. Sonu Kumar @ Sanu Kumar @ Sonu Kumar Mahto S/O Subhash Mahto @
Subas Mahto R/o Vill.- Gurujwa Jalalpur, P.S.- M.H. Nagar (Hasanpura),
Dist.- Siwan.
5. Jitendra Kumar Mahto @ Jitendra Mahto S/O Subhash Mahto @ Subas
Mahto R/o Vill.- Gurujwa Jalalpur, P.S.- M.H. Nagar (Hasanpura), Dist.-
Siwan.
6. Shailendr Mahto @ Satyendra Mahto @ Salendra Mahto S/O Subhash
Mahto @ Subas Mahto R/o Vill.- Gurujwa Jalalpur, P.S.- M.H. Nagar
(Hasanpura), Dist.- Siwan.
7. Rekha Kumar @ Rekha Devi D/O Subhash Mahto @ Subas Mahto R/o
Vill.- Gurujwa Jalalpur, P.S.- M.H. Nagar (Hasanpura), Dist.- Siwan.
8. Malti Devi @ Shanti Devi W/O Subhash Mahto @ Subas Mahto R/o Vill.-
Gurujwa Jalalpur, P.S.- M.H. Nagar (Hasanpura), Dist.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Irshad Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Irshad Ahmad Khan, learned counsel for
the petitioners and Mr. Narsingh Tanti, learned Additional
Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Daraunda P.S. (M.H. Nagar) Case No. 428 of
Patna High Court CR. MISC. No.86635 of 2025(2) dt.08-01-2026
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2025, F.I.R. dated 27.08.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 109(1), 303(2), 352, 351(2) and
3(5) of the BNS, 2023.
3. According to prosecution case, all the accused
persons entered into the house of the informant with an intention
to kill her also tried to outrage her modesty.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and they have falsely been
implicated in the present case. Due to some petty dispute the
present occurrence has taken place and there is case and counter
case between the parties. He further submits that from perusal of
the F.I.R it appears that there is no specific allegation of assault
or overt act attributed against the petitioners rather there is
general and omnibus allegation against all the accused persons
including these petitioners and the injury inflicted upon the
injured person who is informant in the present case, namely,
Nibha Devi is simple in nature caused by hard and blunt
substance.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances
that the petitioners have clean antecedent, there is no specific
Patna High Court CR. MISC. No.86635 of 2025(2) dt.08-01-2026
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allegation of assault or overt act against these petitioners and the
injury sustained by the injured person is simple in nature, let the
petitioners, above named, in the event of their arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned A.C.J.M-VI, Siwan in connection with Daraunda P.S.
(M.H. Nagar) Case No. 428 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure and with other following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. 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)
Vanisha/-
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