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Patna High Court

Satya Prakash Mahto @ Kariya MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
              Patna High Court CR. MISC. No. 63468 of 2025(3) dt.05-02-2026
                                                          3/3




                                     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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