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Patna High Court

Rudal MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Rudal Mahto was arrested on 13 September 2024 in connection with a FIR dated 11 September 2024 and charged under multiple sections of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. His earlier bail application was rejected, and he remained in custody for over a year while the trial had not progressed, with no prosecution witnesses examined. The petitioner’s counsel argued that he has a clean antecedent, the investigation yielded only suspicion, and the trial is unlikely to conclude soon. The Additional Public Prosecutor opposed bail. Considering the prolonged detention, lack of prosecution evidence, and the pending status of the trial, the High Court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the accused given the nature of the offences and the prolonged period of custody.
  • Whether the lack of prosecution evidence and pending trial justify bail.
  • Whether the accused poses a risk of tampering with evidence or witnesses.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • prolonged custody
  • pending trial
  • narcotic offences
  • arms act
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85177 of 2025
                       Arising Out of PS. Case No.-46 Year-2024 Thana- Kashnagar District- Saharsa
                 ======================================================
                 Rudal Mahto S/O Late Kanik Mahto Resident of village - Bhasti Bind toli,
                 ward no.- 4, P.S- Kasnagar, District- Saharsa
                                                                         ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Rashmi Jha, Advocate
                 For the Opposite Party/s :        Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   25-03-2026                     Heard Ms. Rashmi Jha, learned counsel for the

                   petitioner and Mr. Binod Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   13.09.2024 in connection with Sessions Trial No. 139 of 2025

                   arising out of Kashnagar P.S. Case No. 46 of 2024, F.I.R. dated

                   11.09.2024 for the offences punishable under Sections 115(2),

                   126(2), 109, 117(2), 351(2) & (3) and 3(5) of the BNS, 2023

                   and Section 27 of the Arms Act.

                               3. Earlier the regular bail application of the petitioner

                   has been rejected vide order dated 15.05.2025 passed in Cr.

                   Misc. No. 8224 of 2025.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. She further submits that from
Patna High Court CR. MISC. No.85177 of 2025(5) dt.25-03-2026
                                            2/3




          perusal of the FIR it appears that except suspicion no other

          cogent material has come during investigation which suggest the

          involvement of the petitioner in the present occurrence and due

          to some previous dispute between the petitioner and the

          deceased the present occurrence took place. The petitioner is in

          custody since 13.09.2024 and trial is not in progress.

                      5. Vide order dated 05.12.2025 a report was called for

          with regard to the stage of the trial. Report of the learned Trial

          Court dated 19.12.2025 reveals that the matter is pending for the

          prosecution evidence and out of 5 charge sheet witnesses, no

          witnesses have been examined by the prosecution.

                      6. Learned counsel for the petitioner submits that in

          view of the report of the learned Trial Court, the trial is not

          likely to be concluded in the near future and the petitioner is in

          custody since 13.09.2024.

                      7. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       8. Considering the aforesaid facts and circumstances,

          report of the learned Trial Court as well as period of custody, 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 the learned Additional
            Patna High Court CR. MISC. No.85177 of 2025(5) dt.25-03-2026
                                                        3/3




                      Sessions Judge-IV, Saharsa in connection with Sessions Trial

                      No. 139 of 2025 arising out of Kashnagar P.S. Case No. 46 of

                      2024, subject to 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 absence on two consecutive dates without sufficient

                      reason, his 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

                      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)
Vanisha/-
U      T


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