Patna High Court
Dhanraj MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
In the absence of material evidence beyond the apprehended person’s confessional statement, the petitioner is entitled to bail.
Summary
The petitioner, Dhanraj Mahto, was implicated in a theft case (Majorganj P.S. Case No. 121 of 2025) under Sections 317(4) and 317(5) of the Bharatiya Nagrik Suraksha Sanhita after a police raid recovered a stolen motorcycle. The only incriminating evidence was the confessional statement of Rameshwar Mahto, who claimed that the petitioner and Niranjan Mahto had sold the vehicle. The petitioner’s counsel argued that there was no other material linking him to the crime and highlighted his clean antecedent, noting that he was not named in the earlier theft case (Sahiyara P.S. Case No. 224 of 2023). The State opposed bail, relying solely on the confessional statement. The court, after considering the submissions, found no substantive evidence beyond the confession and, given the petitioner’s fair antecedent, ordered his release on bail with specified conditions under Section 482(2) of the BNS. The bail order required a bond of Rs.10,000 with two sureties, one of whom must be a close family member.
Issues considered
- Whether the petitioner is entitled to bail despite the confessional statement of the apprehended person.
- Whether there is sufficient material evidence to justify denial of bail.
- Whether the petitioner’s clean antecedent warrants the grant of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 317(4), 317(5), 482(2)
Subjects
- bail
- theft
- motor vehicle
- confessional statement
- fair antecedent
- criminal procedure
- Section 317
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50069 of 2025
Arising Out of PS. Case No.-121 Year-2025 Thana- MAJORGANJ District- Sitamarhi
======================================================
Dhanraj Mahto S/o Uttim Mahto R/o Village- Bhalohiya, P.S- Majorganj,
District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Mr.Ajit Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
3 21-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Majorganj P.S. Case No. 121 of 2025, registered for the
offences punishable under Sections 317(4) 317(5) of the BNS.
3. The police, in course of vehicle checking, on an
information that some persons engaged in selling of theft
motorcycle standing at a Chowk with a stolen motorcycle,
rushed to the place of occurrence and apprehended one
Rameshwar Mahto along with the motorcycle bearing
registration No. BR-06DD-5696. The apprehended person
disclosed that it is the petitioner and one Niranajan Mohto who
had sold the motorcycle on payment of Rs.5,000/-
4. Learned Advocate for the petitioner submitted that
except the confessional statement of the apprehended person,
Patna High Court CR. MISC. No.50069 of 2025(3) dt.21-01-2026
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there is no material suggesting that the motorcycle in question
was stolen by the petitioner or the other. The disclosure of the
name of the petitioner along with one Niranjan Mahto does not
crystallize as to who is the person, who had sold the vehicle.
The fair antecedent of the petitioner clearly suggests that he has
never been involved in any offence; moreover the motorcycle in
question was the subject matter of theft in Sahiyara P.S. Case
No. 224 of 2023, wherein the petitioner was not even the named
accused person.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
apprehended person from whose possession the stolen
motorcycle was recovered has disclosed the name of the
petitioner.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the fact that save and except the confessional statement of the
apprehended person, there is no other material suggesting the
complicity of the petitioner in the crime, besides his fair
antecedent, let the petitioner abovenamed be released on bail, in
the event of his arrest or surrender before the court below within
a period of four weeks from the date of receipt/production of a
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copy of this order, upon furnishing bail bonds of Rs.10,000/-
(ten thousand) with two sureties of the like amount each to the
satisfaction of the learned ACJM-I, Sitamarhi in connection
with Majorganj P.S. Case No. 121 of 2025 subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagrik
Suraksha Sanhita, 2023, with the further condition that one of
the bailors shall be the own/close family members of the
petitioner.
(Harish Kumar, J)
Anjani/-
U T
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