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Patna High Court

Abhishek Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.10165 of 2026(2) dt.25-02-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.10165 of 2026(2) dt.25-02-2026
                                                        3/3




                      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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