Patna High Court
RAVINDRA MAHTO @ RAVINDRA KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Ravindra Mahto, was arrested in connection with a case registered under sections 103(1), 238 read with 3(5) of the B.N.S, 2023. The prosecution’s case is based on a phone call from the informant’s son and the informant’s daughter discovering a dead body, but the informant is not an eye‑witness. The petitioner’s name does not appear in the FIR; it was introduced solely through the confessional statement of co‑accused Vinod Baitha, who had earlier been granted bail by a coordinate bench. The petitioner, who has a clean antecedent and has been in custody since 1 December 2025, applied for regular bail. The court, noting the lack of direct evidence against him and the fact that the co‑accused had been released on bail, allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted when the petitioner is not named in the FIR and is implicated only through a co‑accused’s confessional statement
- Whether the informant’s testimony qualifies as eye‑witness evidence for the alleged offence
Legislation cited
- B.N.S., 2023 — s. 103(1), 238, 3(5)
Subjects
- regular bail
- FIR
- confessional statement
- co‑accused
- B.N.S 2023
- sections 103, 238, 3(5)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15615 of 2026
Arising Out of PS. Case No.-141 Year-2025 Thana- SIKTA District- West Champaran
======================================================
RAVINDRA MAHTO @ RAVINDRA KUMAR Son of Darshan Mahto
Resident of Village - Sirisiya Bazar, Police Station - Sikta, District - West
Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Abu Nasar, Advocate
For the State : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-03-2026 Heard learned counsel for the petitioner and learned
APP appearing on behalf of the State.
2. This application for grant of regular bail
arises out of Sikta P.S. Case No.141 of 2025 registered for the
offence punishable under sections 103(1), 238 read with section
3(5) of the B.N.S, 2023.
3. As per the prosecution case, the son of the
informant had called him on his mobile phone, which was
received by the daughter of the informant, and said that some
people are beating him near Sirisiya. Upon which, the informant
told his daughter to go there and when the daughter of the
informant went there, she saw the dead-body of his brother.
4. The petitioner is in custody since 01.12.2025
having clean antecedent.
Patna High Court CR. MISC. No.15615 of 2026(2) dt.16-03-2026
2/2
5. Learned counsel for the petitioner submits
that the informant is not an eye witness to the alleged crime. He
further submits that the petitioner is not named in the F.I.R. and
his name has come only on the basis of confessional statement
of co-accused Vinod Baitha @ Binod Baitha, who has been
granted bail by a coordinate Bench of this Court vide order
dated 23.02.2026 passed in Criminal Miscellaneous No.558 of
2026.
6. Considering the facts and circumstances of
the case and also the fact that the co-accused, on the basis of
whose statement, the petitioner has been made accused in this
case, has been granted bail, this bail application is allowed.
7. Let the petitioner, above named, be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, West Champaran, Bettiah
/ concerned Court below, in connection with Sikta P.S. Case
No.141 of 2025.
(Sandeep Kumar, J)
pawan/-
U T
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