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Patna High Court

Dasrath Mahto @ Dashrath MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner despite the prosecution’s reliance on a co‑accused’s confession and the petitioner’s prior criminal record.

Summary

Dasrath Mahto was arrested in connection with a robbery alleged under Section 395 of the IPC, wherein Rs 35,000, a mobile phone and a motorcycle key were allegedly taken at gunpoint. The prosecution’s case rests solely on the confessional statement of a co‑accused, with no material recovered from the petitioner and no time‑in‑process (T.I.P.) conducted. The petitioner contended that he was falsely implicated, had no involvement, and had been in judicial custody since 17 July 2025. The State opposed bail, citing eight prior criminal cases against the petitioner. After hearing both sides, the Court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, physical presence at trial, and weekly attendance at the police station. The bail order was directed to be executed by the Judicial Magistrate First Class, Banka.

Issues considered

  • What is the adequacy of evidence (confessional statement of co‑accused) to justify denial of bail in a robbery case under Section 395 IPC?
  • Do the petitioner’s prior criminal antecedents preclude the grant of bail?
  • Whether the absence of recovered material and lack of a T.I.P. affect the bail decision?

Legislation cited

Subjects

  • bail
  • robbery
  • Section 395 IPC
  • confessional statement
  • prior criminal antecedents
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10534 of 2026
                        Arising Out of PS. Case No.-202 Year-2017 Thana- BANKA District- Banka
                 ======================================================
                 Dasrath Mahto @ Dashrath Mahto, S/O Late Rajan Mahto, R/o Village-
                 Mahesha Munda, P.S-Kahalgaon, District-Bhagalpur


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar Jha
                 For the Opposite Party/s :       Mr.Kalyan Shankar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Banka (Barahat) P.S. Case No. 202 of 2017 registered for

                   the offence punishable under Section 395 of I.P.C.

                                3. The case of the prosecution, in short, is that

                   unknown miscreants have committed loot of Rs. 35,000/-,

                   mobile phone from the informant and his driver and key of

                   motorcycle on gun point.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.10534 of 2026(2) dt.23-02-2026
                                            2/3




          case. The F.I.R. was lodged against unknown miscreants. The

          name of this petitioner has surfaced during investigation in the

          confessional statement of co-accused Mithun Mahto. It has

          further been submitted that nothing has been recovered from the

          possession of this petitioner. No T.I.P. was conducted. It has also

          been submitted that save and except the confessional statement

          of co-accused, there is nothing against the petitioner. He is

          languishing in judicial custody since 17.07.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail and has submitted

          that petitioner is having criminal antecedent of eight cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned J.M. 1 st

          Class, Banka in connection with Banka (Barahat) P.S. Case No.

          202 of 2017 with the following conditions:-

                       (i) The petitioner shall cooperate in the trial and

          shall remain physically present in the trail whenever

          required.
             Patna High Court CR. MISC. No.10534 of 2026(2) dt.23-02-2026
                                                         3/3




                                    (ii) The petitioner shall mark his attendance

                       weekly at Kahalgaon P.S.


                                                          (Ashok Kumar Pandey, J)

lata/-
U        T


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