Naresh Singh @ Naresh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32111 of 2026 Arising Out of PS. Case No.-167 Year-2023 Thana- PAHARPUR District- East Champaran ====================================================== Naresh Singh @ Naresh Mahto S/O Late Bhola Singh @ Bhola Mahto R/o Vill.- Siswa Chaubey Tola, P.S - Paharpur, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kant Mani Tripathi, Adv.
For the Opposite Party/s :
Mr.Nirmal Kumar Sinha, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR ORAL ORDER 15-07-2026 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Paharpur P.S. Case No. 167 of 2023, registered for the offences punishable under Sections 328, 302, 447, 341, 342, 323, 354, 504, 506/34 of the Indian Penal Code.
3. As per the allegations in the prosecution case, the accused persons, including the petitioner, allegedly administered poison to the informant's husband due to previous enmity. It is specifically alleged that while co-accused Chandrika Singh was administering the poison, the petitioner caught hold of the legs of the informant's husband, whereas co-accused Daroga Singh shut his mouth. It is further alleged that the informant's husband succumbed to the alleged poisoning while being taken for
Patna High Court CR. MISC. No.32111 of 2026(3) dt.15-07-2026 2/3 medical treatment.
4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. He has further submitted that there is no direct allegation of forcibly administering poison against the petitioner, as the specific allegation of administering poison has been attributed to co-accused Chandrika Singh. He has also submitted that, during the course of investigation, the witnesses, as recorded in paragraphs 8, 9 and 10 of the case diary, have stated that the deceased had consumed poison on account of the dispute with his wife. He has next submitted that the petitioner has a clean antecedent and has been in judicial custody since 12.02.2026.
5. On the other hand, though the learned APP for the State has opposed the prayer for bail but fairly concedes that in paragraphs 8, 9 and 10 of the case diary, the witnesses have stated that the deceased had consumed poison on account of the dispute with his wife and the FSL report also discloses the fact that the death of the deceased occurred due to consumption of poison.
6. Taking into account the entire facts and circumstances of the case, especially the clean antecedent of the
Patna High Court CR. MISC. No.32111 of 2026(3) dt.15-07-2026 3/3 petitioner coupled with the fact that no specific overt act has been attributed to the petitioner in respect of administering poison to the deceased, let the petitioner above-named, is directed to furnish bail bond and on doing so, the court below shall release the petitioner on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-IX, Motihari, East Champaran in connection with Paharpur P.S. Case No. 167 of 2023, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial.
(ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife. (iii) The petitioner will appear on each and every date fixed by the trial court and if, he fails to do so on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner.
(Raj Kumar, J) Nirmal/- U T