Patna High Court
Rajan Mahto @ Rajan Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- B.N.S., 2023 — s. 3(5), 96
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,
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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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