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Patna High Court

Raja Babu @ Raja MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted as the petitioner was not directly implicated by the FIR and there was no risk of tampering with evidence.

Summary

Raja Babu, the petitioner, applied for bail in a case registered under Sections 310(3) and 317(5) of the B.N.S. and Section 27 of the Arms Act, alleging that he was not named in the FIR but was implicated only through confessional statements of co‑accused persons. He had been in custody since 4 February 2025, while the investigation was already completed and no material evidence linked him directly to the alleged dacoity and murder. The State opposed bail, arguing the confessional statements created suspicion. The Court observed that the suspicion arising from the confessional statements was insufficient to deny bail, especially given the completed investigation and lack of risk of evidence tampering. Consequently, the Court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 437(3) Cr.P.C. and Section 480(3) of the B.N.S.

Issues considered

  • Whether bail can be granted when the petitioner is implicated solely through confessional statements of co‑accused and not named in the FIR
  • Whether the completion of investigation and absence of risk of evidence tampering justify bail
  • Applicability of Section 437(3) Cr.P.C. and Section 480(3) B.N.S. in granting bail

Legislation cited

Subjects

  • bail
  • confessional statement
  • dacoity
  • murder
  • Arms Act
  • investigation completed
  • surety
  • Section 437 CrPC
  • Section 480 BNS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76386 of 2025
                    Arising Out of PS. Case No.-33 Year-2025 Thana- MUZAFFARPUR SADAR District-
                                                        Muzaffarpur
                 ======================================================
                 Raja Babu @ Raja Mahto S/o Baban Mahto R/o Village- Jalalpur, P.S.-
                 Lalganj, District- Vaishali
                                                                    ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nachiketa Jha, Adv
                 For the Opposite Party/s :      Mr. Anil Kumar Singh No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-02-2026                   Heard the parties.

                               2. The accused/petitioner seeks bail in connection with

                   Muzaffarpur Sadar P.S. Case No. 33 of 2025 registered for the

                   offences under Sections 310(3), 317(5) of the BNS and Section

                   27 of the Arms Act.

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

                   in custody since 04.02.2025.

                               4. As per FIR, some unknown miscreants looted cash

                   and office articles etc. from the office of brother of the informant,

                   who was shot dead by miscreants during the occurrence.

                               5. It is submitted by learned counsel appearing on behalf

                   of the petitioner that name of petitioner transpired through

                   confessional statement of apprehended co-accused persons. It is

                   submitted that in furtherance of confessional statement, nothing
Patna High Court CR. MISC. No.76386 of 2025(2) dt.06-02-2026
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          incriminating surfaced/recovered during investigation which may

          suggest the involvement of petitioner with the present crime in

          question. It is pointed out by learned counsel that similarly

          situated co-accused namely, Mohit @ Jai Prakash Kumar has

          already been granted bail by one of the learned coordinate Bench

          of this Court through Cr. Misc. No. 35226 of 2025 dated

          04.09.2025. It is submitted that petitioner was not put on TIP as

          yet and, moreover, investigation of this case is already completed,

          and as such there is no chance of tampering with the evidence.

          Petitioner found involved in one more case, where he is on bail.

                       6. Learned A.P.P. opposed the prayer for bail.

                       7. In view of aforesaid factual submission and by taking

          note of the fact as except suspicion arising out of confessional

          statement of apprehended co-accused persons, prima facie

          nothing appears incriminating during investigation against the

          petitioner as to connect him prima facie with the present

          occurrence of dacoity and murder, coupled with the fact that

          petitioner     remains      in   custody      since   04.02.2025,   where

          investigation of this case is already completed, accordingly, above-

          named petitioner is directed to be released on bail, furnishing bail

          bond of Rs. 10,000/- (Rupees Ten Thousand only) with two

          sureties of the like amount each to the satisfaction of learned 5 th
               Patna High Court CR. MISC. No.76386 of 2025(2) dt.06-02-2026
                                                           3/3




                         ADJ, Muzaffarpur/concerned court, in connection with Muzaffarpur

                         Sadar P.S. Case No. 33 of 2025, subject to the condition as laid

                         down under Section 437(3) Cr.P.C/Section 480(3) of theB.N.S.S.


                                               (Chandra Shekhar Jha, J.)
S.Tripathi/-
U       T


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