Patna High Court
Dasrath Mahto @ Dashrath MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Indian Penal Code — s. 395
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
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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
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(ii) The petitioner shall mark his attendance
weekly at Kahalgaon P.S.
(Ashok Kumar Pandey, J)
lata/-
U T
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