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Patna High Court

Nagendra MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that regular bail could not be granted to the petitioner.

Summary

The petitioner, Nagendra Mahto, applied for regular bail in a case registered under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, alleging that he, along with others, assaulted an informant and looted a pickup van at gunpoint. He has been in custody since 16 November 2024 and has 21 prior criminal antecedents. The prosecution’s case is based on a confessional statement of a co‑accused, Arvind Sahni, linking the petitioner to the offence. After considering the submissions and the material on record, the Court declined to grant regular bail, emphasizing the seriousness of the charge and the petitioner’s extensive criminal history. The order clarifies that the observations are prima facie and do not prejudice the trial’s merits.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the offence.
  • Whether the petitioner’s extensive criminal antecedents and the seriousness of the alleged assault and robbery preclude the grant of bail.

Legislation cited

Subjects

  • regular bail
  • Section 309(4)
  • Bharatiya Nyaya Sanhita
  • criminal antecedents
  • assault
  • robbery
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80484 of 2025
                  Arising Out of PS. Case No.-125 Year-2024 Thana- SARAI RANJAN District- Samastipur
                 ======================================================
                 Nagendra Mahto Son of Ram Kishun Mahto Resident Of Village- Daulatpur
                 Chandi, Ps- Haripur Sadar, Dist- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Pd. Singh, Sr. Advocate
                                                  Mr. Mritunjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Uday Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   22-04-2026                   Heard learned Senior Counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner seeks regular bail in connection with

                   Sarai Ranjan P.S. Case No. 125 of 2024, registered for the

                   offence under Section 309(4) of the Bharatiya Nyaya Sanhita,

                   2023.

                                 3. As per the prosecution case, the petitioner, along

                   with others, is accused of assaulting the informant and looting

                   the pickup van, which was being driven by the informant, at

                   gunpoint.

                                 4. The petitioner is in custody since 16.11.2024. The

                   petitioner has 21 criminal antecedents. The name of the

                   petitioner surfaced in the case during the course of investigation
            Patna High Court CR. MISC. No.80484 of 2025(6) dt.22-04-2026
                                                        2/2




                      on the basis of the confessional statement of co-accused Arvind

                      Sahni.

                                   5. Having considered the submissions of the parties

                      and upon perusal of the materials available on record, including

                      the petitioner’s criminal antecedents, this Court is not inclined

                      to grant regular bail to the petitioner.

                                   6. Accordingly, the prayer for regular bail is rejected.

                                   7. It is made clear that any observation made herein is

                      prima facie in nature and confined only to the adjudication of

                      the present bail application. The same shall not be construed as

                      an expression on the merits of the case and shall not, in any

                      manner, prejudice the trial or any other proceeding.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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