Patna High Court
Nagendra Kumar @ Nagendra MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to conditions.
Summary
Nagendra Kumar was arrested in connection with a dacoity case (PS Case No.45 of 2025) under Sections 310(2) and 311 of the B.N.S. He was not named in the FIR; his name surfaced only through the confessional statement of co‑accused Arbind Sahni. No material evidence or recovered property was found against him, and no TIP was conducted. The petitioner argued innocence and cited that another co‑accused, Pappu Kumar, had already been granted bail by a coordinate bench. The State opposed bail, highlighting that the petitioner has twenty‑two other pending cases. The High Court, noting the lack of substantive evidence and the precedent of bail to the co‑accused, granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial cooperation, evidence tampering, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner when the only basis of accusation is a co‑accused's confessional statement and no material evidence has been produced.
- Whether the petitioner’s other pending criminal cases affect the grant of bail in the present case.
Legislation cited
- B.N.S. — s. 310(2), 311
Subjects
- bail
- confessional statement
- dacoity
- Section 310
- Section 311
- criminal antecedent
- TIP
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82598 of 2025
Arising Out of PS. Case No.-45 Year-2024 Thana- Mabby District- Darbhanga
======================================================
Nagendra Kumar @ Nagendra Mahto S/o Ram Kishun Mahto Resident of
Village- Daulatpur Chandi, P.S.- Hajipur Sadar, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
Mr. Jharkhandi Upadhyay, Advocate
For the State : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 31-01-2026 Heard Mr. Mritunjay Kumar, learned counsel for the
petitioner and Mr. Ram Naresh Ray, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
12.12.2024, in connection with Mabbi P.S. Case No. 45 of 2025,
F.I.R. dated 25.08.2024 registered for the offences punishable
under Sections 310(2), 311 of the B.N.S.
3. The F.I.R. of the occurrence of dacoity is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named in
the F.I.R. and the name of the petitioner has been transpired on the
basis of confessional statement of co-accused person namely
Arbind Sahni which was recorded in Sarai Ranjan P.S. Case No.
Patna High Court CR. MISC. No.82598 of 2025(3) dt.31-01-2026
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133 of 2024 and nothing has been recovered from the conscious
possession or the house of the petitioner and till date no TIP was
conducted by the prosecution and except the confessional
statement of co-accused person, no other cogent material has come
during investigation to suggest the involvement of the petitioner in
the present occurrence. He further submits that co-accused person
namely Pappu Kumar has been granted bail by a Coordinate
Bench of this Court vide order dated 30.07.2025 passed in Cr.
Misc. No. 47408 of 2025 and the police after investigation
submitted chargesheet against the petitioner and the petitioner is in
custody since 12.12.2024.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner carries twenty two cases other than
the present one.
6. Considering the facts and circumstances of the case
and the fact that the name of the petitioner has been transpired on
the basis of confessional statement of co-accused person and till
date no TIP was conducted by the prosecution as well as other co-
accused person has been granted bail by a Coordinate Bench of
this Court, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.82598 of 2025(3) dt.31-01-2026
3/3
Chief Judicial Magistrate, Darbhanga in connection with Mabbi
P.S. Case No. 45 of 2024, subject to the following conditions :-
(1) 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 absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) 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
antecedents, the court below shall take step for 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)
Ibrar//-
U T
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