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2025 DAILYLAW 1393 (PAT)

Gorelal Mahto @ Gorkha Mahto v. The State of Bihar

CR. MISC./91754/2025 · 2026-04-01

Partha Sarthy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91754 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- Chakia District- Begusarai ====================================================== Gorelal Mahto @ Gorkha Mahto S/o Bano Mahto @ Banra Mahto Resident of Village - Simariya Ghat, Bind Toli, P.S - Chakiya, District - Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ugranath Mallik, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 4 01-04-2026 Heard learned counsel for the parties. 2. The petitioner has preferred this application for grant of regular bail in connection with Chakia P.S. Case no. 16 of 2025 registered under sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution case, a dead body of an unknown lady was found and inspite of the same having been seen by a large number of local persons, the identity of the deceased could not be ascertained. As such the FIR. 4. Learned counsel for the petitioner submits that the FIR was registered against unknown. The petitioner was falsely implicated in the case in course of investigation in the confessional statement of a co-accused made before police. No incriminating material has transpired in course of investigation to connect the Patna High Court CR. MISC. No.91754 of 2025(4) dt.01-04-2026 2/2 petitioner with the alleged crime. Referring to the order of the learned trial Court he submitted that at best accepting the statement made therein, the case against the petitioner is one of last seen. There is no eyewitness to the occurrence. The petitioner is in custody since 30.8.2025 and chargesheet has been submitted in the case. 5. The application for bail is opposed by learned APP for the State. 6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of investigation, there being no eyewitness to the occurrence, the petitioner being in custody for seven months since 30.8.2025 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Chakia P.S. Case no. 16 of 2025 on 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, Begusarai. sauravkrsinha/- (Partha Sarthy, J) U T