Chandan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55820 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- SIKANDRA District- Jamui ====================================================== Chandan Mahto, S/o Upendra Mahto, resident of Village-Khardih, P.S.- Sikandra, Distt.- Jamui.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Sikandara P.S. Case No.9 of 2025 registered for the offences punishable under Sections 103(1), 61(2) read with 3(5) of the Bhartiya Nyaya Sanhita (for short 'B.N.S.').

3. The accused/petitioner is not named in the FIR and is in custody since 29.01.2025.

4. As per FIR, some unknown persons killed the uncle of informant in 'Bahiyar' on intervening night of 04.01.2025. It is also alleged in the FIR that the head of the deceased was completely amputated from the body.

5. It is submitted by learned counsel appearing for

Patna High Court CR. MISC. No.55820 of 2025(2) dt.26-09-2025 2/3 the petitioner that enmity between the deceased and one of the co-accused namely, Manoj Kumar Das is admitted and on the basis of confessional statement of said co-accused Manoj Kumar Das, the petitioner was named with present occurrence of murder. It is submitted that during investigation, no incriminating material recovered/surfaced against the petitioner. It is pointed out that even petitioner was not in inimical term with deceased but, he was implicated by co-accused Manoj Kumar Das through exculpatory statement that the petitioner act like as a hired killer. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence. The petitioner found involved in three more criminal cases, where he is on bail.

6. Learned APP opposed the prayer for grant of bail to the petitioner.

7. In view of aforesaid factual submissions and by taking note of fact as save and except suspicion arising out of confessional statement of co-accused Manoj Kumar Das,

Patna High Court CR. MISC. No.55820 of 2025(2) dt.26-09-2025 3/3 prima facie nothing incriminating appears against this petitioner as to connect him with present occurrence of murder, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 29.01.2025, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Sikandara P.S. Case No.9 of 2025 subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').

(Chandra Shekhar Jha, J.) Sanjeet/- U T