Patna High Court – Orders
Shivshankar Mahto @ Shivshankar Prasad vs The State Of Bihar on 9 July, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad, Ashok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1287 of 2024
Arising Out of PS. Case No.-18 Year-1985 Thana- HARSIDHI District- East Champaran
======================================================
1. Shivshankar Mahto @ Shivshankar Prasad Son of Firangi Mahto Resident of
village - Dudhahi, ps- Harsidhi, Dist- East champaran
2. Bhannu Mahto @ Bhanu Mahto son of Late Ram Lakhan Mahto Resident of
village - Dudhahi, ps- Harsidhi, Dist- East champaran
... ... Appellants
Versus
The State of Bihar
... ... Respondent
======================================================
Appearance :
For the Appellants : Ms. Rashmi Jha, Advocate
Mr. Abhishek Kumar, Advocate
For the State : Mr. Sujit Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
5 09-07-2025
Heard learned counsel for the appellants and learned
Additional Public Prosecutor for the State.
2. Records have been placed before this Court to
consider the prayer of the appellants for suspension of their
sentence and release on bail during pendency of the appeals.
3. The appellants have been convicted vide judgment
dated 28.08.2024 and sentenced vide order dated 10.09.2024
passed by learned 3rd Additional District & Sessions Judge, East
Champaran, Motihari for the offence under Sections 147, 148,
149, 324, 323, 307 and 302 of the Indian Penal Code (in short
‘IPC‘) in Sessions Trial No. 336 of 1989 & CIS No. 4206 of
Patna High Court CR. APP (DB) No.1287 of 2024(5) dt.09-07-2025
2/5
2016, arising out of Harsidhi P.S. Case No. 18 of 1985. They
have been ordered to undergo rigorous imprisonment for life
with a fine of Rs. 20,000/- each under Section 302/149 IPC,
they shall further undergo simple imprisonment for one year
under Section 323 of the IPC, they shall further undergo
imprisonment for two years under Section 147 of the IPC, they
shall further undergo imprisonment for one month under Section
447 of the IPC. All the sentences shall run concurrently. In
default of payment of fine, they shall further undergo
imprisonment for one year.
4. As per the prosecution story, the occurrence took
place on 25.03.1985 when the accused persons were harvesting
the wheat in the field of Saryug Mahto. When the accused
persons were stopped from cutting the crops, then instead of
stopping it, allegedly the co-accused Amar Deo charged the
accused persons to assault. The prosecution story is based on the
fardbeyan of Ramdhari Mahto (PW-6). Hiralal Mahto assaulted
the deceased with lathi on his head due to which he fell down
on the ground, then Kishore Mahto and Channo Mahto
assaulted him with bhala. In his deposition in course of trial,
the informant has stated that Amar Deo charged the accused
persons to assault and the accused persons started
Patna High Court CR. APP (DB) No.1287 of 2024(5) dt.09-07-2025
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assaulting him. Due to the assault, Saryug Mahto moved
backward and collided with the litchi plant and fell on the
ground, thereafter Kishore assaulted Saryug Mahto with bhala
on his throat area and repeated area. The other accused persons
joined him and assaulted him.
5. Learned counsel for the appellants submits that
there is no specific evidence of causing fatal attack by these two
appellants on the deceased. Referring to the evidence of PW-4
who is the wife of the deceased, learned counsel submits that in
her evidence she has tried to implicate one of the appellants,
namely, Shiv Shankar Mahto but she is not an eye-witness of the
occurrence and her statement is not in consonance with the
statement of the informant who also claims himself an eye-
witness. It is stated that the Doctor had found four injuries on
the body of the deceased out of which injury nos. 1, 3 and 5
were caused by hard and blunt substance like lathi whereas
injury nos. 2 and 4 were caused by sharp edged weapon like
bhala and in the prosecution story itself it has come that the
bhala blows were given by Kishore Mahto and Channu Mahto
who were not facing trial in this case.
6. The prayer has been opposed by the learned
Additional Public Prosecutor for the State.
Patna High Court CR. APP (DB) No.1287 of 2024(5) dt.09-07-2025
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7. Having regard to the submissions noted
hereinabove and the materials available on the record which we
have gone through, prima-facie noticing that this is a case of the
year 1985 and the occurrence seems to have taken place on
account of cutting of the wheat crops, the informant has
specifically attributed bhala blows to Kishore Mahto and
Channu Mahto. So far as these two appellants are concerned, no
specific evidence seems to have been available on the record to
show that they are the assailants, at this stage, we are of the
view that the appellants would deserve suspension of their
sentence and release on bail during pendency of the appeal. We
direct accordingly.
8. Let the sentence of the appellants above-named be
suspended and they be released on bail, during pendency of the
appeal, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty
Five Thousand) each with two sureties of the like amount each
to the satisfaction of learned 3rd Additional District & Sessions
Judge, East Champaran, Motihari in Sessions Trial No. 336 of
1989 & CIS No. 4206 of 2016, arising out of Harsidhi P.S. Case
No. 18 of 1985.
9. Fine, if any, imposed as part of sentence shall
remain suspended during pendency of the appeal.
Patna High Court CR. APP (DB) No.1287 of 2024(5) dt.09-07-2025
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10. It is made clear that the observations made
hereinabove are only prima-facie and tentative for the purpose
of suspension of sentence and bail only which would not cause
prejudice to the either parties.
11. List these appeals for hearing on it’s turn.
(Rajeev Ranjan Prasad, J)
(Ashok Kumar Pandey, J)
Durgesh/-
U T
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