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Patna High Court

Krishna MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of a bond and sureties.

Summary

The petitioner, Sanjay Bhagat, was arrested in connection with a case under Sections 137 and 140(3) of the Bihar Narcotic Substances Act and has been in custody since 23 January 2025. The FIR alleges that the informant's son was summoned by co‑accused persons and later went missing, with a threat of fatal injury by another co‑accused. The petitioner contends that the allegation against him is merely a general, omnibus accusation with no specific incriminating material, and points to his clean antecedents and the fact that the investigation is complete with a charge‑sheet filed. The State argues that the petitioner was involved in calling the informant’s son along with other accused. The Court held that the prima facie case against the petitioner is based only on vague allegations and, given the completed investigation and prolonged custody, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the B.N.S.S.

Issues considered

  • What is the adequacy of the prima facie case against the petitioner for denial of bail?
  • Whether the completion of investigation and filing of charge‑sheet justify granting bail despite the serious nature of the alleged offences?

Legislation cited

Subjects

  • bail
  • prima facie case
  • general allegation
  • Criminal Procedure Code
  • Bihar Narcotic Substances Act
  • surety
  • charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78404 of 2025
                     Arising Out of PS. Case No.-357 Year-2024 Thana- PIPRA District- East Champaran
                 ======================================================
                 Sanjay Bhagat S/O Late Raghav Bhagat R/O Vill.- Vishunpura, P.S- Pipra,
                 Dist.- East Champaran
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Abhishek Kumar
                 For the Opposite Party/s :        Mr.Uma Shankar Prasad Singh
                 For the Informant        :        Mr. Krishna Kant Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-02-2026                     Heard the parties.

                                  2. The petitioner seeks bail in connection with Pipra P.S.

                   Case No. 357 of 2024 registered for the offence under Sections

                   137 and 140(3) of BNS.

                                  3. The petitioner is named in the F.I.R. and is in custody

                   since 23.01.2025.

                                  4. As per FIR, the son of the informant was called from

                   his house on 29.11.2024 at about 5 PM by named co-accused

                   persons where after his mobile phone was found switched off. The

                   informant expressed apprehension that his son might be killed by

                   co-accused Krishna Mahto, as on earlier occasion he threatened his

                   son to kill.

                                  5. Learned counsel appearing on behalf of the petitioner

                   submitted that allegation is specific against co-accused Golu
Patna High Court CR. MISC. No.78404 of 2025(2) dt.06-02-2026
                                            2/3




          Kumar to cause fatal firearm injury and the motorcycle which was

          used in crime in question also recovered from his possession. It is

          submitted that allegation against this petitioner is very much

          general and omnibus and except last seen, nothing incriminating

          appears against him. While concluding the argument, it is

          submitted that petitioner is a man of clean antecedent and

          moreover, investigation of this case is completed, for which

          charge-sheet has been submitted, as such, there is no chance of

          tampering with the evidence.

                       6. Learned APP duly assisted by learned counsel for the

          informant while opposing the prayer of bail submitted that

          petitioner was engaged in calling son of informant along with other

          named co-accused persons from his home, where after present

          occurrence took place.

                       7. In view of aforesaid facts and circumstances as

          implication of this petitioner prima-facie appears only on the basis

          of general and omnibus allegation as to call petitioner from his

          home along with other co-accused persons, at best last seen

          suspicion, coupled with fact that investigation of this case is

          already completed, where petitioner remains in custody since

          23.01.2025, accordingly petitioner above named, is directed to be

          released on bail in connection with Pipra P.S. Case No. 357 of
               Patna High Court CR. MISC. No.78404 of 2025(2) dt.06-02-2026
                                                           3/3




                         2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten

                         Thousand) with two sureties of the like amount each to the

                         satisfaction of learned SDJM, Sikrahana at Dhaka, East

                         Champaran/concerned court, subject to the conditions as

                         mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of

                         BNSS.


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

U       T


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