Patna High Court
Mahakal @ Mantu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner.
Summary
Mahakal @ Mantu Yadav applied for regular bail in a case involving an alleged attempt at dacoity and illegal possession of arms, charged under sections 310(2) and 317(3) of the Bharatiya Nyaya Sanhita, 2023 and sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution’s case rests mainly on the statements of co‑accused, with no arrest at the scene, no incriminating article recovered from the petitioner, and the petitioner having been in custody since 18‑12‑2025. The petitioner argued that he was falsely implicated and that the only material against him is the co‑accused’s statement. The State opposed the bail. After considering the lack of direct evidence, the prolonged pre‑trial detention, and the petitioner’s circumstances, the Court ordered that bail be granted on a bond of Rs.10,000 with two sureties.
Issues considered
- What is the appropriate bail decision when the only evidence against the accused is a co‑accused’s statement and no incriminating material has been recovered?
- Whether the petitioner’s prolonged pre‑trial custody justifies the grant of regular bail under the Bharatiya Nyaya Sanhita and the Arms Act?
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2), 317(3)
Subjects
- bail
- dacoity
- arms act
- false implication
- co‑accused statement
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13438 of 2026
Arising Out of PS. Case No.-970 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Mahakal @ Mantu Yadav, Son of Late Shankar Yadav, Resident of Village-
Salempur, P.S.- Muffasil, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya Ranjan, Advocate
Mr. Sanjeev Kumar, Advocate
Mr. Mukesh Kumar, Advocate
Mr. Nitish Kumar, Advocate
Mr. Anunay Shahi, Advocate
Mr. Sudeep Kumar, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Gaya Muffasil P.S. Case
no.970 of 2025, registered under sections 310(2) and 317(3) of
the Bharatiya Nyaya Sanhita, 2023 and sections 25(1-B)(a), 26
and 35 of the Arms Act.
3. As per the prosecution case, five to six accused
persons made an attempt to commit dacoity and snatched the
bag containing money from the informant’s brother. In the
incidence, two persons were caught with the help of the police
personnel while others managed to escape. The persons who
Patna High Court CR. MISC. No.13438 of 2026(2) dt.12-03-2026
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were caught disclosed their names as Satish Kumar and
Dayanand Kumar.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Neither was
he arrested at the spot nor any incriminating article was
recovered from his possession. The only material against him is
the statement of co-accused made before police. The cause of
his being falsely implicated is his antecedent. He is in custody
since 18.12.2025 and has not been put on T.I. Parade.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R., the material that has transpired in course of
investigation as is evident from the order of the learned trial
Court, the name of the petitioner having transpired in the
statement of co-accused made before police, no incriminating
article having been recovered from the petitioner’s possession
and the petitioner being in custody since 18.12.2025, the
petitioner is directed to be enlarged on bail in connection with
Gaya Muffasil P.S. Case no.970 of 2025, on furnishing bail
bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.13438 of 2026(2) dt.12-03-2026
3/3
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Gaya.
(Partha Sarthy, J)
avinash/-
U T
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