Patna High Court

Bablu MahtoversusThe State of Bihar

Decided: 1 April 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

The court refused to grant bail to the petitioner.

Summary

Petitioner Bablu Mahto was arrested on 2 December 2025 in connection with a shooting incident alleged under Sections 109(1) and 3(5) of the BNS and Section 27 of the Arms Act. The prosecution’s case, based on an informant’s report, claims that the petitioner fired at Dilip Singh, causing a bullet injury, and cites the petitioner’s three prior criminal cases. The petitioner contended that the FIR is fabricated, that he is innocent, and that he was falsely implicated due to a prior dispute. The Additional Public Prosecutor opposed bail, emphasizing the seriousness of the injury and the petitioner’s antecedent record. Justice Rajesh Kumar Verma, after considering the material, refused the bail application, concluding that the petitioner should remain in custody pending trial.

Issues considered

Whether bail should be granted to the petitioner under Sections 109(1) and 3(5) of the BNS and Section 27 of the Arms Act.

Legislation cited

Arms Act — s. 27
BNS — s. 109(1), 3(5)

Subjects

bail
criminal procedure
Arms Act
false implication
prior criminal record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9625 of 2026
                     Arising Out of PS. Case No.-353 Year-2025 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Bablu Mahto S/o Binod Mahto @ Bauna R/o vill - Bhadas (South), P.S.-
                 Gangour, Distt.- Khagaria

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mritunjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Pranav Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   01-04-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   02.12.2025 in connection with Khagaria P.S. Case No. 353 of

                   2025 for the offences punishable under Sections 109(1) and 3(5)

                   of BNS and Section 27 of Arms Act.

                               3. According to prosecution case, in brief, is that the

                   informant made computerized typed application on 29.11.2025

                   before the Officer-in-Charge of Gangour P.S stating therein that

                   he is posted as S.I in Gangour P.S and on 28.11.2025 at 10 A.M

                   in course of day raiding one Bideshwari Tanti Mahal Chowkidar

                   gave information to him that Dilip Singh, Umesh Thakur and

                   Mahendra Sah were talking at Tribhuwan Tola Chowk in the

                   Bishanpur village near Dhiraj Motor Cycle Garrage and at that
Patna High Court CR. MISC. No.9625 of 2026(3) dt.01-04-2026
                                            2/3




          time two rider on one motor cycle from the side of Bhadas

          village came there and one of them fired upon Dilip Singh and

          due       to      which        Dilip       Singh    sustained   injury.

          Thereafter the informant gave information to his higher

          authority and departed towards occurrence place. Further it is

          alleged that the injured Dilip Singh was brought at Sadar

          Hospital Khagaria for his treatment but thereafter for the better

          treatment the injured was brought at Kalpana Nursing Home,

          Begusarai.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and the allegation as alleged in the FIR is

          forged and fabricated and the petitioner has not committed any

          offence as alleged in the FIR. It is next submitted that due to

          previous dispute, the petitioner has been falsely implicated in

          the present case.

                      5. The learned Additional Public Prosecutor for the

          State on the basis of materials available on record and the case

          diary has vehemently opposed the prayer for bail of the

          petitioner and submits that the injury inflicted upon the injured

          person namely, Dilip Kumar, has stated that the petitioner has

          fired upon him and he had received bullet injury as mentioned

          in paragraph nos. 57 and 59 of the Case Diary. Apart from
           Patna High Court CR. MISC. No.9625 of 2026(3) dt.01-04-2026
                                                       3/3




                     aforesaid, petitioner has antecedent of three cases other than the

                     present case.

                                  6. Considering the aforesaid facts and circumstances,

                     I am not inclined to enlarge the petitioner on bail in connection

                     with Khagaria P.S. Case No. 353 of 2025 pending in the court of

                     learned Chief Judicial Magistrate, Khagaria.

                                  7. Prayer is refused.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T

Continue reading with your account

Checking your session…