Patna High Court
Anil MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Anil Mahto, sought regular bail in a case registered under IPC sections 147, 436 and 304 for allegedly setting fire to an informant's hut, resulting in the death of a two‑month‑old baby. The prosecution alleged that six accused, including the petitioner, were responsible for the arson. The petitioner claimed innocence, highlighted a three‑month delay between the incident (04‑09‑2012) and the FIR (22‑12‑2012), and pointed to the absence of criminal antecedents and the grant of bail to co‑accused in similar cases. The State opposed the bail application. After hearing both sides, the court found the petitioner's circumstances comparable to the co‑accused and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges of rioting, arson and culpable homicide.
- Whether the delay in lodging the FIR and lack of explanation justify denial of bail.
- Whether the grant of bail to co‑accused in similar cases influences the bail decision.
Legislation cited
- Indian Penal Code — s. 147, 304, 436
Subjects
- regular bail
- IPC sections 147, 436, 304
- arson
- culpable homicide
- delay in FIR
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91883 of 2025
Arising Out of PS. Case No.-200 Year-2012 Thana- LALGANJ District- Vaishali
======================================================
Anil Mahto S/O Late Moti Mahto @ Moti Mahato Resident of Village-
Purantand, Police Station- Lalganj, Dist.- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 147, 436 and
304 of the Indian Penal Code.
3. The case of the prosecution in short is that six
accused persons including this petitioner have put fire on the hut
of the informant due to which two months baby of the informant
was burnt who died later on.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that this is an occurrence
of 04.09.2012 whereas the FIR was lodged on 22.12.2012 that is
after three months. There is no explanation of delay. The nature of
Patna High Court CR. MISC. No.91883 of 2025(2) dt.28-01-2026
2/2
allegation is general and omnibus. It has also been submitted that
similary situated other co-accused persons have already been
granted bail by learned co-ordinate Benches of this court vide
order dated 04.03.2024 and 04.11.2022 passed in Cr. Misc. Nos.
14078 of 2024 and 47522 of 2022. The case of this petitioner
stands on similar footing. A statement has been made in para-3 of
this petition that the petitioner has got no criminal antecedent.
Morover, he is languishing in judicial custody since 19.07.2025.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Lalganj P.S. Case No. 200 of 2012 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Vaishali at Hajipur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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