Patna High Court
Birendra Mahto @ Virendra MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioner subject to a bond and sureties.
Summary
The petitioner, Birendra Mahto, sought bail in a criminal case registered under Sections 331(4) and 305 of the Bhartiya Nyaya Sanhita, 2023, alleging theft of money from an informant's house. He contended that the accusation was false, stemming from a long‑standing drainage dispute, and highlighted a four‑day delay in filing the FIR without explanation and the non‑recovery of any stolen money. The State opposed the bail application. The court considered the delay, lack of seized property, the petitioner's clean antecedents, and the nature of the offences, and applied Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. It ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to conditions. The bail order was conditioned on the petitioner surrendering within eight weeks if arrested.
Issues considered
- Whether the petitioner is entitled to bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in a case under Sections 331(4) and 305 of the Bhartiya Nyaya Sanhita, 2023.
- Whether the delay in lodging the FIR and the absence of recovered stolen property justify the grant of bail.
- Whether the nature of the alleged offences warrants denial of bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 305, 331(4)
Subjects
- bail
- criminal procedure
- delay in FIR
- theft
- false implication
- Section 331
- Section 305
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29496 of 2026
Arising Out of PS. Case No.-238 Year-2025 Thana- CHHATAUNI District- East Champaran
======================================================
Birendra Mahto @ Virendra Mahato S/o- Vikrama Mahto Resident of Village-
Bada Bariyarpur, Police Station- Chhatauni, District- East Champaranat,
Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 01-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 331(4), 305 of the
Bhartiya Nyaya Sanhita, 2023.
3. Allegation against petitioner is of committing theft
of money from the house of informant, which was kept for
marriage of informant’s daughter.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has been falsely implicated in
this case due to long standing dispute over drainage / passage.
As per F.I.R., alleged occurrence took place in the night of
28.04.2025, but F.I.R. was lodged on 02.05.2025 without there
being any plausible explanation of delay. No stolen
article/money has been recovered from possession of this
Patna High Court CR. MISC. No.29496 of 2026(3) dt.01-07-2026
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petitioner. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
C.J.M., Motihari, in connection with Chhatauni P.S. Case No.
238 of 2025, subject to condition as laid down under Section
482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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