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Patna High Court

Nagendra MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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