Patna High Court
Golu MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The High Court granted bail to the petitioners subject to a bond and specified conditions.
Summary
Petitioners Golu Mahto and Rohit Kumar were arrested on 13 August 2025 in connection with a theft case (FIR dated 14 March 2025) involving Rs. 85,000 and valuables, and charged under Sections 305 and 331(4) of the Bihar Narcotic Substances Act, 2023. They sought bail, contending that they were not named in the FIR and were implicated solely on the basis of a co‑accused’s confessional statement, with no material recovered from them and no turn‑over of property by the prosecution. The prosecution opposed bail, highlighting that each petitioner has seven prior criminal antecedents. The court examined the lack of substantive evidence beyond the confession and the statutory nature of the offences, and despite the antecedents, ordered bail on a bond of Rs. 10,000 each with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to the lower court for implementation.
Issues considered
- Whether bail should be granted to the accused under Sections 305 and 331(4) of the Bihar Narcotic Substances Act, 2023 despite prior criminal antecedents.
- Whether the confessional statement of a co‑accused alone suffices to justify continued detention.
- Whether the absence of a turn‑over of property and other material evidence warrants bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 305, 331(4)
Subjects
- bail
- criminal antecedent
- confessional statement
- theft
- Section 305
- Section 331(4)
- Bihar Narcotic Substances Act
- High Court
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5416 of 2026
Arising Out of PS. Case No.-199 Year-2025 Thana- FATUA District- Patna
======================================================
1. Golu Mahto Son of Shiv Shankar Mahto Resident of Gauraiya Sthan,
Saidpur, Police Station - Fatuha, Dist. - Patna.
2. Rohit Kumar @ Chedi Son of Krishna Prasad @ Mohan Prasad Resident of
Gauraiya Sthan, Saidpur, Police Station - Fatuha, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamla Kant Pandey, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-01-2026 Heard Mr. Kamla Kant Pandey, learned counsel for
the petitioners and Mr. Nawal Kishore Prasad, learned
Additional Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
13.08.2025 in connection with Fatuha P.S. Case No. 199 of
2025, F.I.R. dated 14.03.2025 for the offences punishable under
Sections 305 and 331(4) of the BNS, 2023.
3. According to prosecution case, there has been theft
of Rs. 85,000/- cash, ornaments and other valuable items from
the house of the informant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
Patna High Court CR. MISC. No.5416 of 2026(2) dt.29-01-2026
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the present case. They are not named in the F.I.R and their
names have been transpired on the basis of the confessional
statement of the co-accused, Abhishek Kumar and nothing has
been recovered from the possession of the petitioners. Till date
no T.I.P has been conducted by the prosecution and except the
confessional statement, no other cogent material has come
during investigation which suggest the name of the petitioners.
He further submits that the petitioners have been remanded in
the present case from Fatuha P.S. Case No. 342 of 2025 on
13.08.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners on the
ground that petitioners carries seven criminal antecedents each
other than the present one.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned ACJM-II Patna City in connection with Fatuha P.S. Case
No. 199 of 2025, subject to the following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
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and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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