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Patna High Court

Mahadev Kumar @ Mahadev MallikversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




          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
Patna High Court CR. MISC. No.7979 of 2026(3) dt.18-03-2026
                                            3/4




          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
               Patna High Court CR. MISC. No.7979 of 2026(3) dt.18-03-2026
                                                           4/4




                         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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