Dinesh Mahato vs The State Of Bihar on 10 March, 2026

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    Patna High Court – Orders

    Dinesh Mahato vs The State Of Bihar on 10 March, 2026

    Author: Rajeev Ranjan Prasad

    Bench: Rajeev Ranjan Prasad

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      CRIMINAL APPEAL (DB) No.507 of 2025
                        Arising Out of PS. Case No.-96 Year-2015 Thana- LAURIA District- West Champaran
                     ======================================================
               1.     Dinesh Mahato, S/O Late Ramnath Mahato, R/O Vill.- Jawahirpur, P.S.-
                      Lauriya, Dist.- West Champaran.
               2.    Dinanath Yadav, S/O Late Langatu Yadav @ Langad Yadav, R/O Vill.-
                     Jawahirpur, P.S.- Lauriya, Dist.- West Champaran.
               3.     Amresh Mahato, S/O Dinesh Mahato, R/O Vill.- Jawahirpur, P.S.- Lauriya,
                      Dist.- West Champaran.
                                                                              ... ... Appellants
                                                   Versus
                     The State of Bihar                                    ... ... Respondent
                     ======================================================
                     Appearance :
                     For the Appellants      :        Mr. Bimlesh Kumar Pandey, Advocate
                     For the State           :        Mr. Satya Narayan Prasad, Addl.PP
                     For the Informant       :        Mr. Dhananjay Kumar No. 2, Advocate
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                             and
                             HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                           ORAL ORDER
                     (Per: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA)
    
    5   10-03-2026

    I.A. No. 1 of 2025

    Heard Mr. Bimlesh Kumar Pandey, learned counsel

    SPONSORED

    appearing on behalf of the appellant no. 2, Mr. Satya Narayan

    Prasad, learned Additional Public Prosecutor for the State and

    Mr. Dhananjay Kumar No. 2, learned counsel appearing for the

    informant.

    2. The present interlocutory application has been filed

    seeking suspension of sentence and release of the appellant no. 2

    on bail during pendency of the appeal.

    3. Earlier, we had granted time to the State to file

    written objection/show cause, however, no written objection/
    Patna High Court CR. APP (DB) No.507 of 2025(5) dt.10-03-2026
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    show cause has been filed.

    4. The appellant no. 2 has been convicted and

    sentenced vide judgment and order dated 27.02.2025 and

    03.03.2025 respectively by the District Additional Sessions

    Judge-VIII, Bettiah, West Champaran in Sessions Trial No. 426

    of 2015 (arising out of Lauriya P.S. Case No. 96 of 2015)

    whereby and whereunder the appellant no. 2 was convicted for

    the offences punishable under Sections 147, 148, 341, 342 and

    302 read with Section 149 of the Indian Penal Code (in short

    IPC‘) and was sentenced to undergo rigorous imprisonment for

    life under Section 302/149 IPC and six months each under

    Sections 147 and 148 IPC and further sentence of simple

    imprisonment for one month under Section 341/149 IPC, further

    six months imprisonment was also awarded under Section

    342/149 IPC. All the sentences were ordered to run concurrently.

    5. The case of the prosecution is as under:-

    “On 12.05.2015 at about 10:30 PM, the informant

    along with his brother Vijay Kumar Tiwari was sitting in the

    verandah of the house situated at Jawahirpur village after taking

    dinner and after some time, the informant went to sleep in his

    room but as soon as he reached in the room, he heard hulla and

    came out of his room and saw that the accused persons, namely,
    Patna High Court CR. APP (DB) No.507 of 2025(5) dt.10-03-2026
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    Ramnath Mahato, Dinesh Mahato, Amresh Mahato, Arjun

    Mahato and wife of Umesh Mahato was assaulting his brother

    and lifted him by his hand and leg and was taking away his

    brother. By the time, he understood anything, they had taken

    away his brother inside their house and locked in a room. The

    informant further alleged that Dinanath Yadav (appellant no. 2)

    abused him and made him to leave the place.

    6. Learned counsel for the appellant no. 2 has

    submitted that taking into consideration the prosecution case on

    its face value, the allegation as against the appellant no. 2 is

    confined to him standing at the door of the house which is said

    to be the place of occurrence and restricting the informant by

    abusing him and making him leave the place. He has further

    submitted that so far as the allegation of assault is concerned,

    the first information report as also the evidence during trial,

    disclose allegation of other accused persons of having assaulted

    the deceased by means of sticks etc. The name of the appellant

    no. 2 featured only in the latter part of the first information

    report as being present at the place of occurrence indulging in

    hurling abuse. It has further been submitted that during trial

    neither PW-1 nor PW-2, who have posed themselves as the eye-

    witnesses, have taken the name of the appellant no. 2 and it is
    Patna High Court CR. APP (DB) No.507 of 2025(5) dt.10-03-2026
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    also a fact that they have not been declared hostile by the

    prosecution which makes their evidence binding on the

    prosecution.

    7. Further, the Investigating Officer has also

    contradicted the major parts of the evidence of the other

    witnesses and the story is developed during trial which was not

    stated before the Investigating Officer. Further, the deposition of

    the I.O. also discloses that no objective evidence was collected

    from the place of occurrence.

    8. Learned counsel has also drawn the attention of this

    Court to paragraph ’40’ of the deposition of the informant (PW-

    6) who has stated therein that by the time he had reached the

    place of occurrence, the accused persons had already taken away

    the deceased, as such, he is also not in a position to be called an

    eye witness of the occurrence.

    9. Per contra, learned Additional Public Prosecutor for

    the State and learned counsel for the informant have opposed the

    suspension of sentence and grant of bail on the ground that the

    presence of appellant no. 2 at the place of occurrence stands

    established by the evidence and he also played an active part.

    10. Having heard learned counsel for the parties and

    considerably perused the materials available on the record, we
    Patna High Court CR. APP (DB) No.507 of 2025(5) dt.10-03-2026
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    prima-facie find that so far as the present appellant no. 2 is

    concerned, the allegation found as per the first information

    report is confined to have been only present at the place of

    occurrence, abusing the informant and that too does not get

    substantially supported during trial as it is gathered that two of

    the prosecution witnesses, who claim to be the eye witnesses,

    have not named the appellant no. 2 at all during the trial in their

    depositions.

    11. We have also taken into consideration the

    evidence of the I.O. disclosing contradictions in the evidence of

    the prosecution witnesses as regards the role played by the

    appellant no. 2. Even considering the prosecution case as a

    whole, the appellant no. 2 neither seems to be an assailant nor an

    active participant in the assault.

    12. Considering all the above-mentioned materials

    and taking holistic view of the facts and circumstances, we find

    that a case for suspension of sentence and grant of bail during

    pendency of the appeal has been made out on behalf of appellant

    no. 2.

    13. Accordingly, we direct suspension of sentence and

    release of the above-named appellant no. 2 on bail during

    pendency of the appeal on furnishing bail bond of Rs. 25,000/-
    Patna High Court CR. APP (DB) No.507 of 2025(5) dt.10-03-2026
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    (Rupees Twenty Five Thousand Only) with two sureties of the

    like amount each to the satisfaction of learned District

    Additional Sessions Judge-VIII, Bettiah, West Champaran in

    connection with Sessions Trial No. 426 of 2015 arising out of

    Lauriya P.S. Case No. 96 of 2015.

    14. Fine, if any, imposed as part of sentence as against

    appellant no. 2 shall remain suspended during pendency of the

    appeal.

    15. I.A. No. 1 of 2025 stands allowed.

    16. It is clarified that the observations made

    hereinabove are only prima facie and tentative in nature for

    purpose of consideration of the prayer for bail which would not

    cause prejudice to either of the parties.

    17. List this appeal for hearing on it’s turn.

    (Rajeev Ranjan Prasad, J)

    ( Soni Shrivastava, J)
    SUSHMA2/-

    U    T
     



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