Dhuruv Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81831 of 2025 Arising Out of PS. Case No.-355 Year-2025 Thana- PIPRA District- East Champaran ====================================================== Dhuruv Mahto S/o Late Dhora Mahto Resident of Village- Bediwan Madhuban, Tola Birdaban, P.S.- Pipra, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sharda Nand Mishra, Advocate Mr. Sumit Kumar Gupta, Advocate Ms. Isha Mishra, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2026 Heard Mr. Sharda Nand Mishra, learned counsel for the petitioner and Mr. Harendra Prasad, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 06.08.2025 in connection with Pipra P.S. Case No. 355 of 2025, F.I.R. dated 06.08.2025 for the offences punishable under Sections 103(1), 238 and 3(5) of B.N.S, 2023.
3. According to prosecution case, the informant suspects that this petitioner in connivance with other accused persons have committed murder of her husband.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.81831 of 2025(3) dt.27-01-2026 2/3 F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. From perusal of the F.I.R., it appears that the date of occurrence is 04.08.2025 but the present F.I.R. has been instituted on 06.08.2025 i.e., after delay of 2 days without giving any explanation of the said delay. Apart from the aforesaid, it appears that the informant has raised suspicion against the petitioner and except the suspicion, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence and even no one has seen the occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 06.08.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, 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 the learned S.D.J.M, Sadar, East Champaran, Motihari in connection with Pipra P.S. Case No. 355 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.81831 of 2025(3) dt.27-01-2026 3/3 properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his 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 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) Vanisha/- U T