Manohar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52024 of 2026 Arising Out of PS. Case No.-254 Year-2025 Thana- BARARI District- Katihar ====================================================== 1.
Manohar Mahto S/O Sakhichandra Mahto R/O Vill- Gobrahi Diayara, PSBarari, Dist- Katihar 2.
Munna Kumar Mahto @ Munmun Kumar S/O Sakichandra Mahto R/O VillGobrahi Diayara, PS- Barari, Dist- Katihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Yadav, Advocate For the Opposite Party/s :
Mr.Nagendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 29-07-2026 Heard the learned counsel for the petitioners and the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Barari P.S. Case No. 254 of 2025, instituted for the offences under Sections 126(2), 351(2),(3) and 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1-b)a, 26 and 35 of the Arms Act.
3. The Prosecution case, in short, is that on 9th August, 2025 at about 09:30 PM, while the informant was standing at his door, the accused persons arrived on a motorcycle and began abusing him without provocation. When the informant protested, petitioner No.1 Manohar Mahto, allegedly produced a country-made pistol (Katta) and aimed it at the informant with
Patna High Court CR. MISC. No.52024 of 2026(2) dt.29-07-2026 2/3 the intent to kill. When informant raised alarm, then the accused persons fled away. It is alleged that in the course of fleeing a country-made pistol fell down from the possession of petitioner No.1 Manohar Mahto. The accused persons left their motorcycle, bearing registration number BR-39AK-0112, at the place of occurrence. Upon inspection, one live cartridge was found loaded in the recovered pistol, and both the weapon and the motorcycle were seized
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present case. He further submits that nothing has been recovered from the conscious possession of the petitioners and the petitioners have no criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard the parties and considering the aforesaid facts and circumstances of the case and the fact that nothing has been recovered from the possession of the petitioners and also the fact that the petitioners have no criminal antecedent, let the petitioners above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on
Patna High Court CR. MISC. No.52024 of 2026(2) dt.29-07-2026 3/3 furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barari P.S. Case No. 254 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
(Alok Kumar, J) manish/- U T