Patna High Court
Satya Prakash Mahto @ Kariya MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner.
Summary
Satya Prakash Mahto petitioned for bail in a case registered under Section 103(1)/3(5) of the Bihar Non-Compulsory Statutes (BNS) and Section 27 of the Arms Act, alleging that he was not named in the FIR and has been in custody since 29 January 2025. The only link to him was a confessional statement of a co‑accused, which did not produce any incriminating material against him. The petitioner has eight other criminal cases, acquitted in one and on bail in the remaining seven, and argued that his antecedent should not preclude bail, citing the Supreme Court decision in Prabhakar Tewari v. State of Uttar Pradesh (2020) 11 SCC 648. The prosecution opposed bail, but the court noted that the investigation was complete, the charge‑sheet filed, and there was no risk of evidence tampering. Consequently, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS.
Issues considered
- Whether bail should be granted when the petitioner is not named in the FIR and the only link is a co‑accused's confessional statement.
- Whether the petitioner’s criminal antecedent and pending cases justify denial of bail.
- Whether the completion of investigation and filing of charge‑sheet remove the risk of evidence tampering, warranting bail.
Legislation cited
- Arms Act — s. 27
Subjects
- bail
- confessional statement
- criminal antecedent
- Arms Act
- investigation completed
- Section 480(3) BNSS
- pending criminal cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 63468 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- KOILWAR District- Bhojpur
======================================================
Satya Prakash Mahto @ Kariya Mahto S/o- Kamta Prasad Village- Ibrahim
Nagar Ps- Ara Nagar Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra
For the Opposite Party/s : Mr.Umesh Lal Verma
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 05-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Koilwar P.S. Case No. 22 of 2025 registered for the offence
under Section 103(1)/3(5) of BNS and 27 of Arms Act.
3. The petitioner is not named in the F.I.R. and is in
custody since 29.01.2025.
4. As per FIR, the brother of the informant was
murdered by unknown miscreants by causing firearm injury.
5. Learned counsel appearing on behalf of the
petitioner submitted that the name of petitioner transpired
during course of investigation on the basis of confessional
statement of apprehended co-accused Om Prakash Kumar @
Patna High Court CR. MISC. No. 63468 of 2025(3) dt.05-02-2026
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Prakash Mahto, in furtherance of which nothing incriminating
transpired during investigation as to connect petitioner with
present crime in question. The petitioner was not put up on
TIP as yet.
6. Explaining criminal antecedent, it is pointed out
that petitioner found involved in eight more criminal cases,
where after trial he was acquitted in one case and as such
effectively seven criminal cases are pending where he is on
bail. It is submitted that if merit of this case otherwise
appears in favor of the petitioner, merely on the ground of
criminal antecedent ordinarily the prayer of bail should not be
rejected. In support of his submission learned counsel relied
upon the legal report of Hon’ble Supreme Court as available
through Prabhakar Tewari vs. State of Uttar Pradesh
and Anr. reported in (2020) 11 SCC 648. While
concluding argument, it is submitted that investigation of this
case is already completed, for which charge-sheet has been
submitted, as such, there is no chance of tampering with the
evidence.
7. Learned APP opposed the prayer of bail.
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8. Considering the aforesaid factual submissions
and by taking note of fact as prima-facie save and except
suspicion arising out of confessional statement of co-accused
nothing incriminating appears against petitioner during
investigation as to connect him with present crime in
question, coupled with the fact as investigation of this case is
already completed, where petitioner remains in custody since
29.01.2025, accordingly, petitioner above named, is directed
to be released on bail in connection with Koilwar P.S. Case
No. 22 of 2025 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned CJM, Bhojpur at
Ara/concerned Court, subject to the conditions as mentioned
under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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