Patna High Court
Raja Babu @ Raja MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Arms Act — s. 27
- B.N.S. — s. 310(3), 317(5), 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
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
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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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