Patna High Court

Mahtab AlamversusThe State of Bihar

Decided: 5 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, finding no sufficient material to justify continued detention.

Summary

The petitioner, Mahtab Alam, was arrested in connection with a kidnapping alleged under section 140(3) of the B.N.S.S. and has been in judicial custody since 29 April 2025. The prosecution alleged that a vehicle owned by the petitioner was used in the kidnapping, but the informant’s uncle has not yet returned from civil court and the confessional statement of a co-accused did not name the petitioner. The petitioner argued that he merely lent his Xylo vehicle to a third party, has no criminal antecedents, and is not mentioned in any confessional statement. The State opposed the grant of regular bail. After hearing both sides, the court found insufficient evidence linking the petitioner to the crime and ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail under section 140(3) of the B.N.S.S. given the circumstances of the case
Whether the ownership of the vehicle used in the alleged kidnapping implicates the petitioner

Legislation cited

B.N.S.S. — s. 140(3)

Subjects

regular bail
section 140(3)
B.N.S.S.
kidnapping
confessional statement
vehicle ownership
criminal antecedent
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49546 of 2025
                    Arising Out of PS. Case No.-337 Year-2025 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Mahtab Alam S/o Md. Badrudeen R/o Village- Damodarpur, P.S.- Barabar
                 Paryatak, District- Jehanabad


                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rampravesh Nath Tiwari, Advocate
                 For the Opposite Party/s :       Mr. Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

5   05-01-2026                        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 section 140(3) of

                   B.N.S.S.

                                3. The case of the prosecution is that the uncle of the

                   informant who has gone to civil court has not returned yet. It is

                   further alleged that one Xylo vehicle having Registration No.

                   BR.02M/2363 was being used for kidnapping him.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that during course of

                   investigation, one Mahesh Yadav @ Netaji has given his
Patna High Court CR. MISC. No.49546 of 2025(5) dt.05-01-2026
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          confessional statement and in his confessional statement, he

          has named 14 persons. The name of this petitioner does not

          find place in the confessional statement of Mahesh Yadav @

          Netaji. Learned counsel for the petitioner has further submitted

          that he has been impleaded in this case as he is the owner of

          the said vehicle. He has also submitted that on the date of

          occurrence, the petitioner has given his Xylo vehicle to one

          Ranjan Gupta @ Banti. There is no role of this petitioner in the

          alleged occurrence. During course of investigation, it has come

          that there was land dispute of the deceased with many persons.

          A statement has been made in para-3 of this petition that the

          petitioner has got no criminal antecedent. Moreover, he is

          languishing in judicial custody since 29.04.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the 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

          Jehanabad (Town) P.S. Case No. 337 of 2025 on furnishing

          bail bond of Rs.10,000/- (ten thousand) with two sureties of

          the like amount each to the satisfaction of learned Chief
            Patna High Court CR. MISC. No.49546 of 2025(5) dt.05-01-2026
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                      Judicial Magistrate, Jehanabad.



                                            (Ashok Kumar Pandey, J)
Shubham/-
U     T

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