Arbind Mahto @ Basera Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76692 of 2025 Arising Out of PS. Case No.-55 Year-2025 Thana- TEYAR District- Bhojpur ====================================================== Arbind Mahto @ Basera Mahto Son of Hira Lal Singh @ Hira Lal Mahto R/o Village - Yadopur, P.S. - Tiyar, District - Bhojpur at Ara. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bindeshwar Prasad Singh,Advocate For the Opposite Party/s :
Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2026 Heard Mr.Bindeshwar Prasad Singh, learned counsel for the petitioner and Mr.Jagdhar Prasad, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 21.07.2025 in connection with Tiyar P.S. Case No. 55 of 2025, F.I.R. dated 09.06.2025 registered for the offence punishable under Sections 103/3(5)of BNS,2023.
3. Allegation against the petitioner is that he assaulted to the daughter-in-law of the informant who was taken to hospital but she died during the course of treatment.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In fact the
Patna High Court CR. MISC. No.76692 of 2025(4) dt.27-01-2026 2/3 deceased has committed suicide herself and she has consumed the poison even the informant has not supported the case of the prosecution in her re-statement which was recorded in paragraph-49 of the case diary and the charge has been framed against the petitioner on 22.11.2025. The police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 21.07.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and petitioner has clean antecedent, let the petitioner, above named, 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 C.J.M., Bhojpur at Ara in connection with Tiyar P.S. Case No. 55 of 2025, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.76692 of 2025(4) dt.27-01-2026 3/3 for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T