Patna High Court
Ajit Mahto @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Arms Act — s. 27
- BNSS — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 392
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
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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
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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
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