Created by Fuzzy Cloud

Patna High Court

Ajit Mahto @ Ajit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as there was no prima facie case against the petitioner.

Summary

The petitioner, Ajit Mahto, was arrested in connection with a robbery alleged to have taken place at a jewelry shop, charged under Section 392 of the Indian Penal Code and Section 27 of the Arms Act. He was not named in the FIR and has been in custody since 18 June 2025. The sole basis for the allegation against him is a confessional statement of a co‑accused, Dharmendra Kumar, from which no material evidence linking the petitioner to the crime was recovered. The co‑accused had already been granted bail, and the investigation in the case has been completed with a charge‑sheet filed. The court held that there is no prima facie case against the petitioner and, consequently, ordered his release on bail subject to a bond and conditions under the CrPC and BNSS. The bail order disposes of the petition.

Issues considered

  • Whether bail should be granted to the petitioner when the only evidence against him is a confessional statement of a co‑accused and no material incriminating evidence has been found.

Legislation cited

Subjects

  • bail
  • robbery
  • IPC 392
  • Arms Act 27
  • confessional statement
  • prima facie
  • investigation completed
  • charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.72377 of 2025
                        Arising Out of PS. Case No.-379 Year-2020 Thana- MAHUA District- Vaishali
                 ======================================================
                 Ajit Mahto @ Ajit Kumar, Son of Sri Turant Lal Mahto, R/o Village-
                 Mustaphapur @ Mustafapur, P.S. - Bibhutiour, District - Samastipur.
                                                                                ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                         ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Thakur, Advocate
                                                   Mrs.Vaishnavi Singh, Advocate
                 For the Opposite Party/s :        Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner seeks bail in connection

                   with Mahua P.S. Case No.379 of 2020 registered under

                   Section 392 of the Indian Penal Code and Section 27 of the

                   Arms Act.

                                3. The accused/petitioner is not named in the FIR

                   and is in custody since 18.06.2025.

                                4. Allegation against petitioner is to commit robbery

                   along with other co-accused persons in the shop of informant

                   running jewelry shop in the name of “Hario Om Jewelers” and

                   while committing so, taken away different jewelry made up of

                   gold and silver, having total value of Rs.4,00,000/- and cash
Patna High Court CR. MISC. No.72377 of 2025(2) dt.05-02-2026
                                            2/3




          of Rs.2,000/-.

                       5. Mr. Ajay Thakur, learned counsel appearing for

          the petitioner submitted that the name of petitioner

          transpired during the course of investigation on the basis of

          confessional statement of co-accused Dharmendra Kumar

          Sah @ Dharmendra Kumar, in furtherance of which, no

          incriminating material recovered/surfaced during investigation

          as to connect him with present crime in question. It is

          submitted that even said co-accused Dharmendra Kumar Sah

          @ Dharmendra Kumar has already granted bail by one of the

          learned co-ordinate Bench of this Court through Cr. Misc.

          No.39413 of 2021 dated 05.05.2022. It is pointed out by Mr.

          Thakur that petitioner was not put on T.I.P. as yet and

          moreover investigation of this case has been completed, for

          which, charge-sheet has been submitted and, as such, there is

          no chance of tampering with the evidence.

                       6. Learned APP opposes the prayer for grant of bail

          to the petitioner.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as save and except suspicion arising out of
        Patna High Court CR. MISC. No.72377 of 2025(2) dt.05-02-2026
                                                    3/3




                  confessional       statement        of    co-accused,   as   mentioned

                  aforesaid,, nothing prima facie incriminating appears against

                  petitioner as to connect him with present crime in question,

                  coupled with the fact that investigation of this case has

                  already concluded, where petitioner is in custody since

                  18.06.2025, accordingly, the petitioner, above-named, is

                  directed to be released on bail furnishing bail bond of

                  Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

                  like amount each to the satisfaction of the learned Chief

                  Judicial Magistrate, Vaishali at Hajipur in connection with

                  Mahua P.S. Case No.379 of 2020, subject to the conditions as

                  laid down under Section 437(3) of the CrPC/under Section

                  480(3) of BNSS.


                                                       (Chandra Shekhar Jha, J.)
    Sanjeet/-

U   T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.