Patna High Court
Mahadev Kumar @ Mahadev MallikversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail must be granted to the petitioner as the prosecution has not produced substantive material linking him to the offence.
Summary
Mahadev Kumar was arrested on 11‑08‑2025 in connection with FIR No. 387 of 2025, registered under Section 309(4) of the Bihar Negotiable Instruments Act. The petitioner argued that he was not named in the FIR and that his alleged involvement stemmed solely from a co‑accused’s confessional statement, with no other material linking him to the alleged loot. He asserted a clean antecedent and contended that the allegations were fabricated. The State opposed bail. The Court, noting the lack of direct evidence, the petitioner’s clean record, and the fact that the co‑accused had already been granted bail, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to standard conditions for cooperation and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner in the absence of direct evidence and given that his name was not originally mentioned in the FIR
- Whether a confessional statement of a co‑accused is sufficient to justify continued detention
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(4)
Subjects
- bail
- criminal procedure
- confessional statement
- clean antecedent
- Section 309
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7979 of 2026
Arising Out of PS. Case No.-387 Year-2025 Thana- BAHADURPUR District- Darbhanga
======================================================
Mahadev Kumar @ Mahadev Mallik Son of Kailash Mallik R/o Vill. -
Dilwarpur, P.O. - Milkichak, P.S. - Bahadurpur, Dist. - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Kumar, Advocate
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 18-03-2026 Heard Mr.Manish Kumik, learned counsel for the
petitioner and Mr.Tapeshwar Sharma, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
11.08.2025 in connection with Bahadurpur Case No. 387 of
2025, F.I.R. dated 09.08.2025 registered for the offence
punishable under Section 309(4) of BNS.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. In fact the
petitioner was not named in the FIR. The name of the petitioner
Patna High Court CR. MISC. No.7979 of 2026(3) dt.18-03-2026
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has been transpired during investigation on the basis of the
confessional statement of co-accused person, namely, Sugand
Paswan except the aforesaid, no other cogent material has come
during investigation against the petitioner to suggest the
involvement of the petitioner in the present occurrence. Learned
counsel for the petitioner submits that the petitioner has also
confessed his guilt in the present occurrence and thereafter the
alleged lootd mobile has been recovered from the house of Dr.
Heera Yadav. Learned counsel for the petitioner submits that
from a bare perusal of the FIR it transpires that nothing has been
recovered from conscious possession of the petitioner rather the
recovery has been made from the house of Dr.Heera Yadav and
petitioner has no concern at all with the alleged recovery of
looted articles and co-accused person, namely, Krishna Kumar
Das @ Makku Das, against whom the similar allegation, has
been granted bail by this Court vide order dated 22.01.2026
passed in Cr. Misc. No.87923 of 2025 and the police, after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 11.08.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean
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antecedent, petitioner is not named in the FIR, name of the
petitioner has been transpired during investigation on the basis
of the confessional statement of co-accused person and co-
accused person, namely, Krishna Kumar Das @ Makku Das,
against whom the similar allegation, has been granted bail by
this Court, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M.-IX, Darbhanga in connection with Bahadurpur Case
No. 387 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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