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Patna High Court

Mahtab Alam @ Lal BabuversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court refused bail to the petitioner, holding that the evidence on record, including eyewitness identification, suffices to deny bail.

Summary

The petitioner, Mahtab Alam, was charged with murder, criminal conspiracy and use of arms under Sections 302, 120B, 34 of the IPC and Section 27 of the Arms Act for allegedly shooting the father of an informant. The petitioner claimed he was falsely implicated, argued lack of eyewitness identification, and cited CCTV footage showing he was elsewhere at the time, as well as confessional statements of other accused. The prosecution relied on the informant’s testimony, statements of Amanul Haque and a co‑accused, asserting that the petitioner fired the fatal shot. The court examined whether electronic evidence and re‑investigation could be considered at the bail stage and held that such evidence cannot substitute for the prosecution’s substantive case. Finding that the witnesses had positively identified the petitioner and that confessional statements of co‑accused are not admissible for bail, the court refused bail and dismissed the application.

Issues considered

  • Whether bail should be granted to the petitioner accused of murder and related offences in view of the evidence on record.
  • Whether electronic evidence such as CCTV footage and re‑investigation findings can be considered at the bail stage.
  • Whether confessional statements of co‑accused affect the grant of bail to the petitioner.
  • Whether the lack of direct identification by the informant warrants bail.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Arms Act
  • electronic evidence
  • confessional statement
  • re‑investigation
  • identification
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4808 of 2026
                      Arising Out of PS. Case No.-118 Year-2024 Thana- GOPALGANJ TOWN District-
                                                        Gopalganj
                 ======================================================
                 Mahtab Alam @ Lal Babu Son of Late Mohammad Jad R/o Village - Takiya
                 Yakub, P.S - Gopalganj, District - Gopalganj
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Y.V. Giri, Sr. Advocate
                                                  Mr. Ranjan Kumar Srivastava, Advocate
                                                  Mr. Shashwat Srivastava, Advocate
                 For the State           :        Ms. Meena Singh, APP
                 For the Informant       :        Mr. Amit Shrivastava, Sr. Advocate
                                                  Mr. Mritunjay Kumar, Advocate
                                                  Mr. Girish Pandey, Advocate
                                                  Mr. Md. Danish Quamar, Advocate
                                                  Mr. Dkash Ambuj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

4   01-05-2026                   This is the second regular bail application on behalf of

                   the petitioner.

                                 2. Heard Mr. Y.V. Giri, learned Senior Advocate

                   assisted by Mr. Ranjan Kumar Srivastava, Advocate and Mr.

                   Shashwat Srivastava, Advocate for the petitioner, Mr. Amit

                   Shrivastava, learned Senior Advocate assisted by Mr. Mritunjay

                   Kumar, Advocate for the informant and Ms. Meena Singh,

                   learned APP appearing on behalf of the State.

                                 3. The petitioner seeks bail in connection with

                   Gopalganj P.S. Case No. 118 of 2024 registered for the offences

                   under Sections 302, 120B and 34 of the Indian Penal Code and
Patna High Court CR. MISC. No.4808 of 2026(4) dt.01-05-2026
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          Section 27 of the Arms Act.

                       4. The prosecution case is to the effect that while the

          father of the informant was going to the railway station along

          with one Munna on his motorcycle, it is alleged that two named

          accused persons, namely Mahtab Alam @ Lal Babu (the

          petitioner) and Fahim @ Saddam, came on a motorcycle from

          behind and the petitioner fired at the father of the informant,

          who sustained injuries and subsequently died. The accused

          persons thereafter fled from the spot with other accused persons

          who were waiting for them.

                       5. Mr. Y.V. Giri, the learned senior Advocate for the

          petitioner submits that the petitioner has falsely been implicated

          on account of personal rivalry and the informant cannot be said

          to be an eyewitness to the occurrence. It is further submitted that

          the inquest report was prepared in the presence of the informant;

          however, the informant did not take the name of the petitioner

          and other persons involved in the commission of such offence,

          and only as an afterthought, the name of the petitioner was

          given. It has been submitted by the learned Senior counsel that

          admittedly the incident is of 9:20 in the night; however, no

          means of identification has been disclosed by the informant. It

          has further been submitted that the wife of the petitioner had
Patna High Court CR. MISC. No.4808 of 2026(4) dt.01-05-2026
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          approached this court by filing a writ application and thereafter,

          further investigation was done and supplementary case diary

          was prepared, and in paragraph 39 of the said diary, there is a

          reference of a CCTV footage which shows that the petitioner

          was not present at the place of occurrence, rather was present at

          the house of Vinay Pratap Singh to attend some function.

                       6. It has further been submitted that one person,

          namely Deepak Upadhyay, has confessed about his complicity

          in the crime along with one Deepak Ram, and on his

          confessional statement, the arms used in the crime has also been

          recovered. It has been submitted that the charge sheet has been

          submitted against both Deepak Upadhyay and Deepak Ram, and

          the petitioner has no concern with them.

                       7. The learned Senior counsel for the petitioner has

          submitted that the deceased, himself, was a veteran criminal and

          was named in ten criminal cases.

                       8. The learned Senior counsel has also pointed out

          that this said Deepak Upadhyay and Deepak Kumar Ram have

          been granted regular bail by a coordinate Bench of this Court. It

          has also been submitted that the person sitting on the motorcycle

          has also been granted bail, and the petitioner is in custody since

          08.02.2025.
Patna High Court CR. MISC. No.4808 of 2026(4) dt.01-05-2026
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                       9. Mr. Amit Srivastava, the learned Senior counsel

          appearing on behalf of the informant submits that the petitioner

          was involved in the murder of the father of the informant and

          the clout between the murderer and the petitioner has come

          during the course of investigation. It has been submitted that

          during the course of investigation, the tower location of the son

          of the informant was found somewhere else and not of the

          petitioner. It has further been submitted that once the charge

          sheet was submitted against the petitioner and his son and even

          cognizance taken on 15.04.2025, the re-investigation thereafter

          is in teeth of the judgment of the Hon'ble Supreme Court in case

          of Vinay Tyagi vs. Irshad Ali @ Deepak and Others, reported in

          (2013) 5 SCC 762. Referring to para 54, the learned Senior

          counsel submits that the same goes on to show that any further

          investigation was not in accordance with law and was only used

          to help the petitioner by the police. It has further been submitted

          that the submission made by the learned Senior counsel for the

          petitioner that Deepak Ram had no connection with the

          petitioner is also wrong, as Deepak Kumar Ram, in his

          confessional statement, as contained in para 43 of the

          supplementary case diary, has specifically stated that he was

          asked by the petitioner and one Chote Mukhiya to carry out
Patna High Court CR. MISC. No.4808 of 2026(4) dt.01-05-2026
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          such murder and for which Rs. 6 lakhs was also paid for killing

          Aslam Mukhiya and therefore the complicity of the petitioner is

          writ large.

                       10. The learned Senior Counsel has referred to the

          judgment passed in the cases of Jaibunisha vs. Meharban &

          Anr. (in 2022 INSC 55) and Ashok Dhankad vs. State of NCT

          of Delhi and Anr. reported in 2025 INSC 974, and has stated

          that the Hon’ble Supreme Court has opined that in cases of

          heinous crimes, regular bail should not be granted without

          analyzing the pros and cons of release. It has also been

          submitted that the petitioner should not be released on the basis

          of some unverified CCTV footage, which can only be proved

          during the course of trial.

                       11. Learned APP supports the arguments of learned

          Senior Counsel appearing on behalf of the informant and has

          submitted that there is no change in circumstances and therefore

          the second application of bail may not be entertained.

                       11. Considering the arguments forwarded by the

          learned Senior Counsel appearing on behalf of the petitioner as

          well as the informant and also the learned Additional Public

          Prosecutor, this Court has noted the fact that earlier the bail

          application of the petitioner was rejected by this Court taking
Patna High Court CR. MISC. No.4808 of 2026(4) dt.01-05-2026
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          into account the fact that the person who was going on the

          motorcycle along with the deceased, namely Amanul Haque, in

          his statement recorded before the police, has stated that Mahtab

          (the petitioner) and Fahim Ali came on a motorcycle and it was

          Mehtab who shot upon the father of the informant, since

          deceased. This Court had also noted that Fahim Ali, in his

          confessional statement, has also confessed that it was Mahtab

          (the petitioner), who shot upon the father of the informant,

          resulting in his death and he was accompanying him on the

          motorcycle on the fateful day.

                       12. This Court has been persuaded by the learned

          Senior Counsel appearing on behalf of the petitioner, bringing

          the fact with regard to the re-investigation which had taken

          place pursuant to the order of this Court passed in a writ petition

          preferred by the wife of the petitioner. From perusal of the said

          order, as contained in Annexure P-6 of the bail application, only

          a direction was given to the Deputy Inspector General of Police,

          Saran Range, Chapra, to act in accordance with law. A

          subsequent finding by the police pursuant to such order with

          respect to the examination of CCTV footage in and around the

          place of occurrence is being asserted on behalf of the petitioner

          to be looked into in order to release the petitioner on bail.
Patna High Court CR. MISC. No.4808 of 2026(4) dt.01-05-2026
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                       13. It is a settled law that electronic evidence,

          especially without any supportive document, cannot form basis

          at the time of consideration of a bail application and can only be

          tested in a full-fledged trial. This is more important in view of

          some categorical statements being made by the witnesses during

          the course of investigation that it was the petitioner who had

          shot upon the father of the informant and therefore, at this stage,

          consideration of other electronic evidence cannot be gone into

          in order to consider the bail application. It is a settled law that

          the court cannot venture into a threadbare analysis of the

          evidence adduced by the prosecution and merits of such

          evidence cannot be adjudicated at the stage of bail. This court

          has observed that the informant has categorically named the

          petitioner to have fired upon his father and the said fact has been

          supported by Amanul Haque and moreover, the grant of bail to

          Deepak Kumar Ram and Deepak Upadhyay cannot come to the

          rescue of the petitioner, especially for the fact that their

          confessional statement could not have been taken into account

          at the stage of bail and moreover, if their statements are

          considered, then the association of those accused persons with

          the petitioner also cannot be ruled out. It cannot also be ruled

          out that the two accused persons, who have confessed to the
            Patna High Court CR. MISC. No.4808 of 2026(4) dt.01-05-2026
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                      crime, may have been planted to save the main culprits.

                                   14. In view of the aforesaid discussions, I am not

                      inclined to release the petitioner on bail.

                                   15. The application stands dismissed.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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