Patna High Court – Orders
Rohit Mahato vs The State Of Bihar on 19 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4059 of 2024
Arising Out of PS. Case No.-566 Year-2020 Thana- GARKHA District- Saran
======================================================
Rohit Mahato, Son of Late Shivpujan Mahato, Resident of Village- Hakma,
P.S.- Garkha, Distt.- Chapra
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 3830 of 2024
In
CRIMINAL REVISION No.511 of 2024
Arising Out of PS. Case No.-565 Year-2020 Thana- GARKHA District- Saran
======================================================
Rohit Mahato, son of Late Shivpujan Mahato, village- Hakma, Ps- Garkha,
Dist- Chapra
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 4059 of 2024)
For the Appellant/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Respondent/s : Mr. Mukeshwar Dayal, APP
(In CRIMINAL APPEAL (SJ) No. 3830 of 2024)
For the Appellant/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Respondent/s : Mr. Kumar Veerendra Narayan, APP
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CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI
ORAL ORDER
4 19-06-2025
Cr. APP (SJ) No. 3830 of 2024
1. The instant appeal is directed against an order of
rejection of bail, passed by the learned Special Judge, Children’s
Court, Saran in C.C. Case No. 10 of 2023, rejecting the prayer
Patna High Court CR. APP (SJ) No.4059 of 2024(4) dt.19-06-2025
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for bail of the appellant in connection with Garkha P.S. Case
No. 565 of 2020, for the offences punishable under Sections
302, 307, 120(b) and 34 of the IPC and Sections 25 (1-b)a and
27 of the Arms Act and Sections 3/4 of Explosives Substance
Act.
2. The appellant was a juvenile at the time of
commission of the alleged incidence. The name of the appellant
was recorded in the statement of the de facto complainant on the
basis of disclosure of name by the apprehended accused. The
co-accused, namely, Vijay Mahto was released on bail in Cr.
Misc. No. 40489 of 2022 vide order dated 10th of January, 2023.
The appellant stands in the same footing, nay better footing
because he was juvenile on the date of the alleged incidence and
his prayer for bail ought to be decided on the principle of
presumption of innocence. The Children’s Court did not
consider that the co-accused has already been granted bail. The
appellant is in custody since 23rd of November, 2020.
3. Considering such long detention, this Court is
inclined to release the appellant on bail on furnishing bail bond
of Rs. 20,000/- with two sureties of like amount each to the
satisfaction of the learned 1st Additional Sessions Judge, Saran
in connection with Garkha Case No. 565 of 2020, one of whom
Patna High Court CR. APP (SJ) No.4059 of 2024(4) dt.19-06-2025
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must be one of the parents/brothers of the appellant.
Cr. APP (SJ) 4059 of 2024
1. The instant appeal is directed against an order
passed by the learned Special Judge, Children’s Court, Saran in
C.C. No. 6 of 2024 on 24th of July, 2024, rejecting an
application for bail filed by the appellant, who was juvenile on
the date of commission of offence. It appears from the record
that the Garkha P.S. Case No. 565 of 2020 under Sections 302,
307, 120(b) and 34 of the IPC read with Sections 25 (1-b)a/ 27
of the Arms Act and Sections 3/4 of Explosives Substance Act
was registered against the appellant and other and in course of
investigation of the case, police recovered a fire-arm from the
house of the appellant and registered a separate case bearing
Garkha P.S. Case No. 566 of 2020 dated 23rd of November, 2020
under Sections 25 (1-b)a/ 27 of the Arms Act and 3/4 of
Explosives Substance Act.
2. In my considered opinion, Garkha P.S. Case No.
566 of 2020 does not lie because fire-arm was recovered while
investigating Garkha P.S. Case No. 565 of 2020.
3. Therefore, the said fire-arm ought to be tagged with
Garkha P.S. Case No. 565 of 2020.
4. In Garkha P.S. Case No. 565 of 2020, the appellant
Patna High Court CR. APP (SJ) No.4059 of 2024(4) dt.19-06-2025
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has already been released on bail.
5. On the same reason, the appellant is directed to be
enlarged on bail in the instant appeal also, on furnishing bail
bond of Rs. 20,000/- with two sureties of like amount each to
the satisfaction of the learned 1st Additional Sessions Judge,
Saran in connection with Garkha Case No. 566 of 2020, one of
whom must be one of the parents/brothers of the appellant.
6. Accordingly, both the application stands disposed
of.
(Bibek Chaudhuri, J)
uttam/-
U