Patna High Court
Gorelal Mahto @ Gorkha MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner.
Summary
Gorelal Mahto applied for regular bail in a case registered under sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023, concerning the death of an unidentified woman. The prosecution’s case relied mainly on a confessional statement of a co‑accused, with no eyewitnesses or other incriminating material linking the petitioner to the crime. The petitioner had been in custody since 30 August 2025 and a chargesheet had already been filed. The court noted the absence of substantive evidence, the prolonged pre‑trial detention, and the fact that the FIR was lodged against an unknown person. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted in a case where the only evidence is a co‑accused’s confession and no eyewitness testimony.
- Whether the petitioner’s seven‑month pre‑trial detention justifies bail despite the filing of a chargesheet.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238
Subjects
- regular bail
- section 103(1) BNS
- section 238 BNS
- confession of co‑accused
- lack of evidence
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91754 of 2025
Arising Out of PS. Case No.-16 Year-2025 Thana- Chakia District- Begusarai
======================================================
Gorelal Mahto @ Gorkha Mahto S/o Bano Mahto @ Banra Mahto Resident
of Village - Simariya Ghat, Bind Toli, P.S - Chakiya, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ugranath Mallik, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 01-04-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Chakia P.S. Case no. 16
of 2025 registered under sections 103(1) and 238 of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, a dead body of an
unknown lady was found and inspite of the same having been
seen by a large number of local persons, the identity of the
deceased could not be ascertained. As such the FIR.
4. Learned counsel for the petitioner submits that the FIR
was registered against unknown. The petitioner was falsely
implicated in the case in course of investigation in the confessional
statement of a co-accused made before police. No incriminating
material has transpired in course of investigation to connect the
Patna High Court CR. MISC. No.91754 of 2025(4) dt.01-04-2026
2/2
petitioner with the alleged crime. Referring to the order of the
learned trial Court he submitted that at best accepting the statement
made therein, the case against the petitioner is one of last seen. There
is no eyewitness to the occurrence. The petitioner is in custody since
30.8.2025 and chargesheet has been submitted in the case.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
that has transpired in course of investigation, there being no
eyewitness to the occurrence, the petitioner being in custody for
seven months since 30.8.2025 and chargesheet having been
submitted in the case, the Court directs the petitioner to be enlarged
on bail in connection with Chakia P.S. Case no. 16 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Begusarai.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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