Jai Shankar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49163 of 2025 Arising Out of PS. Case No.-235 Year-2024 Thana- DALSINGHSARAI District- Samastipur ====================================================== Jai Shankar Mahto S/O Jagdeo Mahto @ Jagdev Mahto R/O VillagePachpaika, P.S.- Ujiyarpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State .
2. Petitioner seeks regular bail in a case registered for the offences punishable under Sections 191 ( 2 ), 191 (3) , 190, and 103 of the Bhartiya Nyaya Sanhita and 27 of Arms Act. 3 . As per prosecution case , informant alleges that on 22.07.2024 while her husband had gone to Civil Court, Dalsingsarai for some work and as he reached near Dainy Chowk , in the meantime , 8 persons came there on three different motorcycles and surrounded the husband of informant.
Patna High Court CR. MISC. No.49163 of 2025(2) dt.29-08-2025 2/3 It is further alleged that all the accused persons fired from their pistol and shot dead husband of informant. It is alleged that the aforesaid altercation took place due to previous dispute .
4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. The name of the petitioner transpired during course of investigation in the confessional statement of other co-accused persons. Informant is neither eye witness to the alleged occurrence nor she disclosed on what basis she came to know about the name of accused persons who were involved in the alleged occurrence . Petitioner has got no concern with the alleged occurrence . Except confessional statement, there is no other material to show the complicity of this petitioner in the aforesaid occurrence . Petitioner claims clean antecedent. Petitioner is in custody since 30.03.2025 . Chargesheet has already been submitted.
5 . Learned A.P.P. for the State vehemently opposes the bail application .
6. Considering the aforesaid facts, clean antecedent of this petitioner and period of custody , the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.49163 of 2025(2) dt.29-08-2025 3/3 sub-divisional Judicial Magistrate Dalsingsrai, DistrictSamastipur in connection with Dalsingsarai P. S. Case No. 235 of 2024 .
(Prabhat Kumar Singh, J) Koushik/- U T