Patna High CourtCR. MISC./47376/2025bail granted

Shailesh Kumar @ Shailesh Mahto v. The State Of Bihar

2025-09-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47376 of 2025 Arising Out of PS. Case No.-125 Year-2024 Thana- KINJAR District- Jehanabad ====================================================== Shailesh Kumar @ Shailesh Mahto S/o- Devendra Singh @ Nagai Singh Village- Nagwa PS- Kinjar District- Arwal ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Singh, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kinjar P.S. Case No. 125/2024 dated 09.09.2024 registered for the offence punishable u/s 103(1) read with Section 3(5) of the B.N.S. and Section 27 of the Arms Act.

3. As per the prosecution case, unknown miscreants are alleged to have shot the elder brother of the informant to death.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.47376 of 2025(2) dt.24-09-2025 2/3 possession of the petitioner. The other co-accused person has already been granted regular bail by this court vide order dated 18.06.2025 passed in Cr. Misc. No. 14357/2025. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up during the course of investigation. As per para. 36 of the case diary, the co-accused, Md. Sahjad has stated that on 09.09.2024, he conducted recce, while Raju Khan, Juman Khan and Chandrakant Kumar has committed the alleged offence and Shrinath Singh, Kaushal Mahato and Shailesh (petitioner) were ensuring that no police vehicle or any other person approach from the front or behind. The petitioner has one antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.05.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that a dispute arose due to Jamharu Jalkar auction, thereafter, a meeting was held in the house of the co-accused, Kaushal Mahto where plan was made to commit murder of the deceased. As per the Post Mortem Report, the cause of death is due to firearms injury leading to vital organ damage and complication and finally leading to cardio respiratory arrest.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.47376 of 2025(2) dt.24-09-2025 3/3 of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Arwal, Jehanabad in connection with Kinjar P.S. Case No. 125/2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T