Patna High Court
Krishna MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic Substances Act — s. 137, 140(3), 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
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
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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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