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Patna High Court

Rajan Mahto @ Rajan Kumar MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.

Summary

The petitioner, Rajan Mahto, sought bail in a kidnapping case (PS Case No. 163 of 2025) where he was accused under Sections 96 and 3(5) of the B.N.S., 2023. The prosecution alleged that the petitioner and others abducted the informant's minor daughter, while the defence argued that the petitioner is innocent, was falsely implicated, and that the informant was not an eye‑witness. The FIR and technical cell report indicated that mobile numbers linked to the main accused, Rahul Kumar, were used, but the petitioner’s involvement was limited to alleged non‑disclosure of the victim’s whereabouts. The petitioner has no prior criminal record and has been in judicial custody since 31‑05‑2025. After hearing both sides, the court found insufficient grounds to deny bail and ordered the petitioner to be released on a bail bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the kidnapping allegations under Sections 96 and 3(5) of the B.N.S., 2023
  • Whether the evidence, including the FIR and technical cell report, establishes a prima facie case against the petitioner

Legislation cited

Subjects

  • bail
  • kidnapping
  • minor victim
  • technical evidence
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57760 of 2025
                         Arising Out of PS. Case No.-163 Year-2025 Thana- PARSA District- Saran
                 ======================================================
                 Rajan Mahto @ Rajan Kumar Mahto S/o Shankar Mahto R/o Village-
                 Anayay, P.S.- Parsa, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Prasad Singh, Advocate
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

6   10-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Parsa P.S. Case No. 163 of 2025 registered for the offence

                   punishable under Sections 96, 3(5) of the B.N.S., 2023.

                                3. The case of the prosecution in short is that the minor

                   daughter of the informant was kidnapped by the petitioner and

                   others at 03:30 AM.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. He also

                   submits that from perusal of the FIR, it is clear that the informant

                   searched for the victim and at about 07:00 AM, Shankar Mahto

                   and his two sons met her but did not disclose anything. She was
Patna High Court CR. MISC. No.57760 of 2025(6) dt.10-02-2026
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          sent to many places, but she could not find the victim.

                       5. Learned counsel for the petitioner further submits

          that from perusal of the FIR, it is clear that the informant is not an

          eye-witness because at the time when the daughter of the

          informant was allegedly kidnapped, the informant did not raise

          any alarm despite allegedly knowing about and watching the

          incident. The victim also did not raise any alarm. In the present

          case, the victim has not been recovered as yet.

                       6. In this regard, the Superintendent of Police, Saran,

          was directed to search for the victim. The Superintendent of

          police, Saran, has filed a counter affidavit and from perusal of the

          counter affidavit, it is clear that, as per report provided by

          Technical      Cell,    Saran      mobile      numbers   8757007053   &

          8179880757 were being used in the SIM card slots bearing IMEI

          Nos. 864302062985990 & 357727107871130 respectively. Both

          the SIM cards were found to be registered in the name of accused,

          Rahul Kumar and the most recent location was found to be in

          Hyderabad in October, 2025 but later information was received

          from Technical Cell, Saran that the said mobile numbers have now

          been switched off.

                       7. Learned counsel for the petitioner also submits that

          in this case, a chargesheet has been filed against the petitioner and

          from perusal of the report of the Superintendent of Police, Saran,
           Patna High Court CR. MISC. No.57760 of 2025(6) dt.10-02-2026
                                                       3/3




                     it seems that Rahul, who is still absconding, is the main accused.

                     He also submits that the petitioner is only a cousin of the Rahul

                     and he has been made an accused only on the basis that he did not

                     disclose the whereabouts of the victim. Moreover, a statement has

                     been made in para 3 of the petition that petitioner has no criminal

                     antecedent and he is languishing in judicial custody since

                     31.05.2025.

                                  8. The application for bail is opposed by learned APP

                     for the State.

                                  9. 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 enlarged on bail on furnishing bail

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

                     the like amount each to the satisfaction of the learned A.C.J.M.-

                     IX, Saran at Chapra in connection with Parsa P.S. Case No. 163 of

                     2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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