Patna High Court

Upendra Mahto @ Opendra MahtoversusThe State of Bihar

Decided: 19 March 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

Anticipatory bail is denied to the petitioner.

Summary

The petitioner, Upendra Mahto, sought anticipatory bail in connection with a case (PS No.110 of 2025) involving alleged kidnapping and murder under Sections 137(2), 140(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR names nine accused; the petitioner’s name appears only through a confessional statement of the victim and he is not directly named in the FIR. The petitioner claims innocence, while the State highlights his ten pending criminal cases, all on bail, as a factor against granting bail. The High Court, considering the petitioner’s criminal antecedent and the circumstances, refused anticipatory bail but directed that if he surrenders within four weeks, the trial court should promptly decide his surrender‑cum‑bail application. The order emphasizes that the trial court’s decision will be on the merits without prejudice to the rejection of anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to a person not named in the FIR but implicated through a victim’s confessional statement.
Whether the petitioner’s extensive criminal antecedent warrants denial of anticipatory bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 140(1), 3(5)

Subjects

anticipatory bail
criminal antecedent
Bharatiya Nyaya Sanhita
kidnapping
murder
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76023 of 2025
                   Arising Out of PS. Case No.-110 Year-2025 Thana- SIWAIPATTI District- Muzaffarpur
                 ======================================================
                 Upendra Mahto @ Opendra Mahto S/o Late Janki Mahto R/o Village-
                 Siwaipatti, P.S.- Siwaipatti, District- Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amir Alam, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   19-03-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Siwaipatti P.S. Case No. 110 of 2025 lodged on

                   24.06.2025, for the offence punishable under Sections 137(2),

                   140(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023, pending in

                   the Court of Sub Divisional Judicial Magistrate, East,

                   Muzaffarpur.

                                3. As per the prosecution, FIR has been lodged against

                   9 named accused persons. It has been alleged in the FIR that the

                   accused persons have kidnapped the informant’s son and kept

                   him in an unknown place. When the informant went to the

                   accused persons’ house to enquire about her son, then they

                   abused her. The informant has suspicion that all the accused
Patna High Court CR. MISC. No.76023 of 2025(3) dt.19-03-2026
                                            2/3




          persons have killed her son and disappeared his dead body.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has committed no offence. Counsel

          submits that the petitioner is not named in the FIR and his name

          has figured in this case only due to confessional statement of the

          victim. Counsel further submits that the antecedent of the

          petitioner is not clean, as there are 10 criminal cases pending

          against him and in all the cases, he is on bail.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that criminal antecedent of the

          petitioner is not clean as there are 10 cases pending against him

          and this aspect must be taken into consideration.

                       6. As such, in the present facts and circumstances, this

          Court is not inclined to grant bail to the petitioner. Accordingly,

          the prayer for anticipatory bail of the petitioner is hereby

          rejected.

                       7. However, if petitioner surrenders before the

          concerned Trial Court within a period of 4 weeks from today

          then in that case, the Trial Court is directed to pass order on his

          surrender-cum-bail application on the same day considering that

          whether he is absconding or not in any of the cases pending

          against him, without being prejudice that the anticipatory bail of
             Patna High Court CR. MISC. No.76023 of 2025(3) dt.19-03-2026
                                                         3/3




                       the petitioner has been rejected by this Court and the Trial Court

                       shall pass order on the merit of this case.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T

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