Patna High Court
Rahul Mahto @ KalluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners, finding no sufficient grounds to deny it under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioners, Rahul Mahto and Shambhu Rai, were arrested on 3 May 2025 during a police raid that recovered stolen motorcycles. They filed a bail application under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023, claiming they were falsely implicated, had no incriminating articles in their possession, and no prior criminal record. The State opposed the bail, but the court noted the absence of a thorough investigation (no T.I.P.) and the prolonged custody of the petitioners. It also considered the principle of parity, as a co-accused had been granted bail in a related case. Consequently, the court ordered bail on the condition of a Rs.15,000 bond with two sureties each.
Issues considered
- Whether bail should be granted to the petitioners under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023
- Whether the lack of incriminating material and absence of a T.I.P. justify bail
- Whether parity with a co-accused already released on bail warrants granting bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5)
Subjects
- bail
- Section 317(5)
- Bharatiya Nyaya Sanhita
- stolen motorcycles
- parity
- custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68840 of 2025
Arising Out of PS. Case No.-145 Year-2025 Thana- DIDARGANJ District- Patna
======================================================
1. Rahul Mahto @ Kallu S/o Vaijnath Mahto @ Baijnath Mahto R/o Village-
Fatehjangpur, PS- Nadi, Distt- Patna
2. Shambhu Rai @ Shambhu Kumar S/o Late Krishna Rai R/o Village-
Fatehjangpur, PS- Nadi, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mrs. Shaheen Begum, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Didarganj P.S. Case No. 145 of 2025 instituted for the offences
under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on 03.05.2025,
police raided an orchard at village Nijampur and arrested six
persons while allegedly selling stolen motorcycles, seizing three
stolen bikes from their possession.
4. Learned counsel for the petitioners submitted that
Patna High Court CR. MISC. No.68840 of 2025(3) dt.28-01-2026
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the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
that petitioners have got no concern with the recovered
motorcycles. Learned counsel further submitted that T.I.P. has
not been conducted till date to ascertain the involvement of the
petitioners in the alleged offence. Charge-sheet has been
submitted in this case. It has been submitted on behalf of the
petitioners that the petitioners are in custody since 04.05.2025
and have no criminal antecedent. The co-accused person has
already been granted bail by a coordinate Bench of this Court
vide order dated 18.12.2025 passed in Cr. Misc. No. 68464 of
2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, claim based on parity as also the period of custody
undergone by the petitioners, this Court is inclined to grant bail
to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.68840 of 2025(3) dt.28-01-2026
3/3
below/concerned Court in connection with Didarganj P.S. Case
No. 145 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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