Patna High Court
Nagendra MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond, sureties, and conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Nagendra Mahto, applied for bail in a case (Sarai Ranjan PS Case No. 116 of 2024) involving alleged robbery and theft of an informant's vehicle and documents, charged under Sections 309(4) read with 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution’s case is based primarily on a confessional statement of a co‑accused, with no physical recovery of any stolen items from the petitioner and no identification parade having been conducted. The petitioner argued that he is innocent, has no incriminating material in his possession, and highlighted that a similarly situated co‑accused had previously been granted bail. The State opposed bail, emphasizing the petitioner’s extensive criminal history and labeling him a habitual offender. Considering the lack of material evidence, the petitioner’s custody duration, and the submission of the chargesheet, the Court ordered his release on bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 480(3) of the B.N.S.S. The order also required the petitioner’s presence at future court dates and stipulated cancellation of bail for non‑compliance.
Issues considered
- What is the appropriateness of granting bail to a petitioner charged under Sections 309(4) and 3(5) of the B.N.S., 2023 when the case relies mainly on a co‑accused’s confessional statement and no material evidence has been recovered?
- Does the petitioner’s extensive criminal history justify denial of bail despite the absence of direct incriminating evidence?
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 309(4), 3(5)
Subjects
- bail
- habitual offender
- confessional statement
- identification parade
- Section 309
- Section 480
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75964 of 2025
Arising Out of PS. Case No.-116 Year-2024 Thana- SARAI RANJAN District- Samastipur
======================================================
Nagendra Mahto Son of Ram Kishun Mahto, Resident of Village- Daulatpur
Chandi, PS- Haripur Sadar, Dist- Vaishali.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
Mr. Jharkhandi Upadhyay, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Sarai Ranjan P.S. Case No. 116 of 2024 dated
31.08.2024, registered for the offences punishable under
Sections 309(4) read with Section 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the four-wheeler of
the informant was overtaken by one Swift Dzire and two
persons, on gun-point, dragged out the informant from his
vehicle and snatched his Aadhar card, driving license and
mobile phone and also a gold locket. Further, two persons fled
away with the vehicle of the informant. The name of the
petitioner transpired during investigation for being involved in
the alleged occurrence.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.75964 of 2025(3) dt.21-01-2026
2/3
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. Nothing incriminating has
been recovered from person or possession of the petitioner. The
name of the petitioner transpired in this case on the basis of
confessional statement of co-accused Arbind Sahni, who was
arrested in Sarai Ranjan P.S. Case No. 133 of 2024. No test
identification parade has been carried out to ascertain the
identity of the miscreants. The petitioner has criminal
antecedents of 21 cases and in all of these cases, the name of the
petitioner sprung up on the basis of confessional statement of
co-accused Arbind Sahni. A similarly placed co-accused Dhiraj
Sahni has been granted bail by a learned co-ordinate Bench of
this Court vide order dated 28.11.2025 passed in Cr. Misc. No.
58070 of 2025. Learned counsel lastly submits that petitioner is
in custody since 16.11.2024 and chargesheet has been
submitted.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that petitioner appears to be a habitual offender and
bears a long criminal history.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.75964 of 2025(3) dt.21-01-2026
3/3
fact that no recovery has been shown from this petitioner and
further considering his period of custody and submission of
chargesheet, the petitioner, above-named, is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate, Samsastipur / concerned Court, in
connection with Sarai Ranjan P.S. Case No. 116 of 2024,
subject to the condition laid down under Section 480(3) of the
B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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