Created by Fuzzy Cloud

Patna High Court

Naveen Kumar @ Navin MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, finding insufficient evidence beyond co‑accused confessions to justify continued detention.

Summary

The petitioner, Naveen Kumar @ Navin Mahto, was arrested in connection with a murder case (Bathnaha PS Case No. 408 of 2025) and charged under section 137(2) of the Bihar Negotiable Instruments Act. The prosecution’s case rests solely on the confessional statements of co‑accused Harikesh Kumar and Naveen Kumar, which implicated the petitioner, while no other material links him to the crime. The petitioner, represented by Mr. Virendra Kumar, argued that he is innocent, has no prior criminal record, and has been in judicial custody since 25‑08‑2025. The State, through Mr. Jharkhandi Upadhyay, opposed the bail application. The High Court, after considering the lack of substantive evidence beyond the co‑accused’s statements and the petitioner’s clean antecedents, ordered his release on regular bail with a bond of Rs.10,000 and two sureties.

Issues considered

  • What is the appropriate ground for granting or refusing regular bail when the only evidence against the accused is the confessional statements of co‑accused persons?
  • Does the petitioner’s lack of prior criminal record and the absence of material evidence other than co‑accused statements justify the grant of bail under section 137(2) of the Bihar Negotiable Instruments Act?

Legislation cited

Subjects

  • regular bail
  • confessional statement
  • co‑accused
  • section 137(2)
  • Bihar Negotiable Instruments Act
  • murder case
  • judicial custody
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15102 of 2026
                     Arising Out of PS. Case No.-408 Year-2025 Thana- BATHNAHA District- Sitamarhi
                 ======================================================
                 Naveen Kumar @ Navin Mahto Son of Vijay Mahto Resident of Village -
                 Laxmipur, P.S.- Bathnaha, District - Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Virendra Kumar
                 For the Opposite Party/s :       Mr.Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 137 (2) of

                   the BNS.

                                3. The case of the prosecution is that the son of the

                   informant, who was a tempo driver went missing in the evening

                   of 20.08.2025 when he was called on his mobile phone and

                   thereafter, his mobile was found switched off.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that the

                   First Information Report was lodged against unknown

                   miscreants. During the course of investigation, co-accused
Patna High Court CR. MISC. No.15102 of 2026(2) dt.25-02-2026
                                            2/3




          person, namely Naveen Kumar made confessional statement and

          on the basis of the said statement, the name of this petitioner

          has surfaced. From the order of the learned trial court, it

          transpires that co-accused namely, Harikesh and Naveen Kumar

          are there in which they have confessed about their involvement

          in the alleged murder of the deceased Deepak Kumar. However,

          save and except the confessional statement of co-accused

          persons, there is no material on record to connect this petitioner

          with the alleged occurrence. He further submits that co-accused

          namely, Harikesh Kumar has already been granted bail by this

          court vide Cr. Misc. No. 6784 of 2026. It is further submitted

          that co-accused Krishna Kumar @ Kunal Kumar has already

          been granted bail by a Bench of this Court vide order dated

          18.02.2026 passed in Cr. Misc. No. 416 of 2026. Moreover, the

          petitioner is languishing in judicial custody since 25.08.2025

          having no criminal antecedent.

                       5.     Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Considering the aforesaid facts and circumstances

          of the case, this court is inclined to enlarge the petitioner on

          bail. The above named petitioner is directed to be released on

          bail in connection with Bathnaha P.S. Case No. 408 of 2025 on
            Patna High Court CR. MISC. No.15102 of 2026(2) dt.25-02-2026
                                                        3/3




                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      Judicial Magistrate, 1st Class, Sitamarhi/concerned Court.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.