Patna High Court
Rudal MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 351(3)
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
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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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