Patna High Court – Orders
Raja Ram Mahto vs The State Of Bihar on 10 February, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3474 of 2025
Arising Out of PS. Case No.-252 Year-2014 Thana- BAKHARI District- Begusarai
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1. Raja Ram Mahto S/O Late Bono Mahto @ Baun Mahto R/O Village-
Bariyarpur, P.S- Bakhri, Distt.- Begusarai.
2. Pankaj Mahto @ Pankaj Kumar S/O Raja Ram Mahto R/O Village-
Bariyarpur, P.S- Bakhri, Distt.- Begusarai.
3. Vinod Mahto @ Vinod Kumar S/O Raja Ram Mahto R/O Village-
Bariyarpur, P.S- Bakhri, Distt.- Begusarai.
4. Manoj Mahto @ Manoj Kumar S/O Raja Ram Mahto R/O Village-
Bariyarpur, P.S- Bakhri, Distt.- Begusarai.
5. Rajesh Mahto @ Rajesh Kumar S/O Raja Ram Mahto R/O Village-
Bariyarpur, P.S- Bakhri, Distt.- Begusarai.
... ... Appellant/s
Versus
The State of Bihar
... ... Respondent/s
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Appearance :
For the Appellant/s : Mr. Rakesh Kumar, Advocate
For the Respondent/s : Mr. Satyendra Narayan Singh, Spl. PP
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CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
ORAL ORDER
5 10-02-2026
1-Heard learned counsel for the appellants and learned
Additional Public Prosecutor representing the State.
2. Admit.
3. Summon the lower Court records in connection with
Bakhari P.S. Case No. 252 of 2014 (S.Tr. No. 387 of 2017) from
the concerned Trial Court.
4-This appeal under Sections 415 (2) and 430 (1) of
B.N.S.S. has been preferred by the appellants namely Raja Ram
Mahto, Pankaj Mahto @ Pankaj Kumar, Vinod Mahto @ Vinod
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Kumar, Manoj Mahto @ Manoj Kumar and Rajesh Mahto @
Rajesh Kumar against the judgment of conviction dated
28.07.2025 and order of sentence dated 31.07.2025 passed by
the learned District and Additional Sessions Judge III, Begusarai
in Sessions Trial No. 387 of 2017 arising out of Bakhari P.S.
Case No. 252 of 2014, registered under Sections 147, 149, 341,
447, 448, 323, 307, 354(B), 379 and 504/34 of the Indian Penal
Code District Begusarai convicting and sentencing all the
appellants as under:-
(a) Six months rigorous imprisonment and fine of Rs.
1000/- each for the offence under Section 323 of the IPC.
(b) One and half year rigorous imprisonment and fine of
Rs. 1000/- each for the offence under Section 147 of the IPC.
(c) Two months rigorous imprisonment and fine of Rs.
500/- each for the offence under Section 447 of the IPC.
(d) One year rigorous imprisonment and fine of Rs.
1000/- each for the offence under Section 448 of the IPC.
and
(e) In addition, convicting the appellant nos.1 and 3
for the offences under Sections 3 and 4 of the Prevention of
Witch (Diaan) Practices Act, 1999 and sentencing them to one
month imprisonment.
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All the sentences awarded to them are ordered to run
concurrently.
5-The appellants have prayed for suspension of their
sentence and release on bail during the pendency of this
criminal appeal before this Court.
6-It is argued by learned counsel for the appellants that
the appellants are innocent and they have been falsely
implicated in this case. Impugned judgment and order of
conviction and sentence of the appellants is not sustainable in
the eyes of the law. The trial Court in exercise of powers under
Section 389 (3) of Cr.P.C. has granted provisional bail to the
appellants for three months vide order dated 31.07.2025 which
has not been misused by them and instant Criminal Appeal has
been preferred within limitation period. Lastly, it is submitted
that in case provisional bail of appellants are confirmed, they
will not misuse the liberty of bail and will co-operate in early
hearing of this appeal.
7-Per contra, learned A.P.P. for the State opposed the
prayer for bail of the appellants by contending that prosecution
has proved it’s case beyond reasonable doubt.
8-Having heard learned counsel for the parties and
examined the matter in its entirety, I find that appellants were on
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bail during trial. They have been convicted for a maximum
period of one year. The Hon’ble Apex Court in the matter of
Bhagwan Rama Shinde Gosai vs State of Gujarat (1999) 4
SCC 421, has observed that “in a case where there is fixed
term sentence, pending an appeal against conviction, a liberal
approach should be adopted while deciding the prayer for
suspension of sentence unless there are exceptional
circumstances.” The said judgment has been further considered
and relied upon by the Hon’ble Supreme Court in the recent
case of Sohail Gohar vs The State of Madhya Pradesh
(Criminal Appeal No. 2058 of 2025). Due to heavy docket, this
criminal appeal is not likely to be heard before completing the
entire. There is no material on record to presume that there is
danger, of course, of justice being thwarted by grant of bail to
the appellant.
9-Considering the facts and circumstances of the case as
well as keeping in view the nature of the offence, evidence,
complicity of the accused, submissions of learned counsel for
the parties and the reasons as mentioned above, this Court is of
the opinion that the appellants are liable to be released on bail
during pendency of this Criminal Appeal. Hence provisional
bail granted to the appellants as noted above is made confirmed
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and they shall be treated on bail during pendency of this case.
10-The sentence of the appellants shall remain suspended
during the pendency of this Criminal Appeal.
11-The appellants shall furnish fresh personal bond and
bail bond of two sureties each in the like amount to the
satisfaction of the Court concerned within two weeks from
today, failing which the liberty of bail shall automatically stands
revoked and they shall be taken into custody.
12. The realization of amount of fine shall remain stayed
till disposal of this criminal appeal.
13-On acceptance of the personal bond and bail bonds,
the concerned court below shall furnish the photocopy thereof to
this Court for being kept on record of this Criminal Appeal.
14-Let this Criminal Appeal be listed in due course for
hearing.
(Sanjay Kumar Singh , J)
Prakash/-
U