Patna High Court
Abhishek Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482 of the BNSS.
Summary
The petitioner, Abhishek Kumar Mahto, sought anticipatory bail after being implicated in a case involving alleged possession of brown sugar, a firearm, and ammunition, along with charges under the Bharatiya Nyaya Sanhita, Arms Act and NDPS Act. The prosecution alleged that during a police patrol five two-wheelers were intercepted, leading to the seizure of narcotics and a weapon, and that the petitioner was identified as one of the accused who escaped. The petitioner contended that he was falsely implicated, no incriminating articles were recovered from him, and the seized motorcycle did not belong to him. The State opposed the bail, but the court, after considering the lack of direct evidence against the petitioner, granted anticipatory bail subject to monetary sureties and specific conditions. The order also stipulated that any concealment of criminal antecedents could lead to cancellation of bail, and that the observations in the order would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations under the BNSS, Arms Act and NDPS Act.
- Whether the petitioner’s alleged involvement can be substantiated given the absence of seized material from his possession.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita — s. 111(2)(b), 111(3), 111(4), 310(4), 310(5), 482
- Narcotic Drugs and Psychotropic Substances Act — s. 21(b), 29, 8(c)
Subjects
- anticipatory bail
- drug offence
- arms offence
- false implication
- BNSS
- NDPS Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10165 of 2026
Arising Out of PS. Case No.-442 Year-2025 Thana- RAJNAGAR District- Madhubani
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Abhishek Kumar Mahto Son of Ram Ashish Mahto Resident of Village -
Raghuvir Chak, P.S.- Rajnagar, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Rajnagar P.S. Case No. 442 of 2025
instituted for the offences punishable under Sections 310(4),
310(5), 111(2)(b), 111(3) and 111(4) of the Bharatiya Nyaya
Sanhita and Sections 25(1-b)a/26/35 of the Arms Act and
Sections 8(c)/21(b)/29 of the N.D.P.S. Act.
3. The prosecution case is to the effect that the police
personnel during patrolling intercepted five two wheelers,
however, some managed to flee and five persons were
apprehended. It has been alleged that on search 95.91 grams of
brown sugar was seized from different accused persons while
one country made pistol and a live cartridge were also
recovered. The apprehended accused persons disclosed the
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name of four accused who managed to escape and among them
was the petitioner(Abhishek Kumar Mahto).
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated and no incriminating
article has been recovered from the possession of the petitioner.
It has further been submitted that the motorcycle seized does not
belong to the petitioner and he has no concern whatsoever with
the said seizure. It has next been submitted that the false
implication of the petitioner being part of the gang also gets
falsified that the petitioner does not carry any similar kind of
antecedent rather the only one antecedent the petitioner carries,
is on account of dispute with his agnates. Lastly, it has been
submitted that the petitioner has been made an accused with
false allegation despite the fact that no recovery has been made
from his house or from his person.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
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Thousand) with two sureties of the like amount each to the
satisfaction of the learned Principal Sessions Judge, Madhubani
in connection with Rajnagar P.S. Case No. 442 of 2025, subject
to the conditions as laid down under Section 482 of the BNSS
and subject to the following conditions:-
(i) One of the bailors will be a
close relative of the petitioner and the other
shall be a local resident:
(ii) the petitioner will remain
present on each and every date fixed by the
Court below, if so required by the learned
Trial Court;
(iii) in case of absence on two
consecutive dates or in violation of the terms
of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court
concerned;
(iv) the Court below shall verify
the criminal antecedent of the petitioner and
in case at any stage, it is found that the
petitioner has concealed his criminal
antecedent, the court below shall take step
for cancellation of bail bonds of the
petitioner. However, the acceptance of bail
bonds in terms of the above mentioned order
shall not be delayed for purpose of the same
on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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