Patna High Court
Naveen Kumar @ Navin MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Negotiable Instruments Act — s. 137(2)
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
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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
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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
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