Shivbalak Mahto @ Shiv Balak Mahto @ Shiv Balak Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71203 of 2025 Arising Out of PS. Case No.-203 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Shivbalak Mahto @ Shiv Balak Mahto @ Shiv Balak Mahato S/O Jyotik Mahto @ Jyotik Mahato R/O Village- Piprakothi Dih, P.S.- Piprakothi, Distt.- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Khushi Awadh For the Opposite Party/s :
Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 17-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 103, 238 and 3(5) of the B.N.S.
3. The allegation in the First Information Report is that the daughter of the informant namely Kavita Kumari, married to one Kundan Kumar, was done to death by her husband and other family members including the petitioner who is a neighbour.
4. Learned counsel for the petitioner submits at the outset that the petitioner is not named in the First Information Report and the same is specific against the family member of the husband of the deceased and the name of the petitioner subsequently transpired during course of investigation in the confessional statement of co-accused Naresh Singh, the father-
Patna High Court CR. MISC. No.71203 of 2025(3) dt.17-11-2025 2/2 in-law of the deceased before police which has no evidentiary value in the eye of law. Learned counsel further submits that petitioner being a neighbour has nothing to do with the internal affairs of the family of the deceased and moreover no motive or reason has been alleged for the death of the deceased having been caused. The petitioner is in custody since 26.06.2025 and charge-sheet has been submitted. Petitioner has no criminal antecedent.
5. Learned APP for the State vehemently opposes the grant of bail of the petitioner.
6. Taking into consideration the facts and circumstances of the case that the petitioner is neither named in the F.I.R. nor there is any direct evidence against the petitioner and also considering that charge-sheet has been submitted, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor Court in connection with Piprakothi P.S. Case No. 203 of 2025. (Soni Shrivastava, J) Ranjeet/- U T