Patna High Court
Sanjay MahtonversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted in the present circumstances and dismissed the bail application.
Summary
The petitioner, Sanjay Mahton, was arrested in November 2024 after a scientific investigation linked him to a murder, and he gave a self‑inculpatory statement implicating others. He sought regular bail for offences under Sections 137(2), 140(3), 103, 61(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The High Court noted that the case had been committed but charges were not yet framed, and given the gravity of the alleged crimes, it was not inclined to grant bail. The court reiterated that its observations were prima facie and limited to the bail application, without expressing a view on the merits. Consequently, the bail application was dismissed and the trial judge was directed to frame charges promptly.
Issues considered
- Whether regular bail can be granted to an accused in a serious offence under the Bharatiya Nyaya Sanhita, 2023 when charges have not yet been framed?
- Whether the seriousness of the offences and the petitioner’s self‑inculpatory statement preclude the grant of bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 137(2), 140(3), 238, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- serious offences
- charge framing
- self‑inculpatory statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16082 of 2026
Arising Out of PS. Case No.-521 Year-2024 Thana- KHAGARIA District- Khagaria
======================================================
Sanjay Mahton S/O Raghunandan Mahton R/O Vill- Bhadas Dakshini, P.S
and Dist- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh
For the Opposite Party/s : Mrs. Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Khagaria (Gangaur) P.S. Case No. 521 of
2024 registered for the offence under Sections 137(2), 140(3),
103, 61(2), 238 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Earlier the bail application of the petitioner was
rejected on 23.04.2025 in Cr. Misc. No. 21126 of 2025 which
reads as follows:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks bail in connection
with Khagaria (Gangour) P.S. Case No. 521 of 2024
registered for the offence punishable under Sections
137(2), 140(3) of the Bharatiya Nyaya Sanhita, 2023 to
which later on Sections 103, 61(2), 238, and 3(5) of the
BNS, 2023 was added.
3. As per the FIR, unknown criminals
Patna High Court CR. MISC. No.16082 of 2026(2) dt.24-04-2026
2/2
murdered the deceased.
4. On scientific investigation i.e., after
analyzing the C.D.R. and call record, the petitioner was
arrested. He has given a self-inculpatory statement also
and disclosed the role of other persons. The vivid details
of the crime committed by the petitioner and others
have been given by the petitioner. The petitioner is in
custody since 06.11.2024.
5. Considering the allegation levelled
against the petitioner, I am not inclined to grant bail to
the petitioner.
6. Accordingly, the application stands
dismissed.
4. The case has been committed but the charge has not
been framed yet. Considering the gravity of the offence, I am
not inclined to grant regular bail to the petitioner..
5. Accordingly, this application for regular bail stands
rejected. The Trial Judge is directed to frame the charges at the
earliest so that the trial can be concluded.
6. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. This Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Shishir/-
U T
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