Patna High Court
Ramesh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Ramesh Mahto, was arrested in connection with a theft case (Banjaria P.S. Case No. 219 of 2025) and charged under Section 305 of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case relied on a confessional statement of a co‑accused and the recovery of a mobile phone and wristwatch from the petitioner’s house, but no Test Identification Parade (TIP) had been conducted to verify the items. The petitioner argued that he was not named in the FIR, has a clean antecedent, and that the evidence against him was unverified. The State opposed bail. The court, after considering these submissions, granted bail on a cash bond of Rs. 10,000 with two sureties and imposed several conditions, including personal appearance at each trial date and verification of antecedents. The order also stipulated that any violation could lead to cancellation of bail, and clarified that the observations in the order would not affect the trial.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and the recovered items have not been subjected to a TIP
- Whether the confessional statement of a co‑accused suffices to justify continued detention
- Whether the petitioner’s clean antecedent and lack of verified evidence warrant bail under Section 305 of the Bharatiya Nyaya Sanhita
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305
Subjects
- bail
- Section 305
- Bharatiya Nyaya Sanhita
- criminal procedure
- Test Identification Parade
- confessional statement
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85265 of 2025
Arising Out of PS. Case No.-219 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Ramesh Mahto, Son of Bachhu Mahato, Resident of Village - Singhia Hiban,
P.S. - Banjaria, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Banjaria P.S. Case No. 219 of 2025 registered
for the offences punishable under Section 305 of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that a theft was committed in the house and
Rs.3,95,000/- kept in a bag along with a mobile phone and
wristwatch were stolen away.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR and during the course of the
investigation, on the basis of confessional statement of co-
accused Vikas Kumar the name of the petitioner has surfaced in
Patna High Court CR. MISC. No.85265 of 2025(2) dt.06-01-2026
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this case. It has, though, been submitted that a mobile phone and
a wristwatch have been recovered from the house of the
petitioner, however, they are common articles and till date the
recovered articles have not been put on TIP in order to ascertain
the veracity of the recovery. It has further been submitted that
no TIP has been conducted till date of the petitioner and he is in
custody since 11.08.2025 and the charge-sheet has already been
submitted and he also carries clean antecedent.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, 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
court below where the case is pending/successor court in
connection with Banjaria P.S. Case No. 219 of 2025, subject to
the following conditions:-
(i) One of the bailors of the petitioner
shall be his close relative and the other shall be
local resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two
consecutive dates or in violation of the terms of the
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bail, the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(iv) If the petitioner is found involved in
similar nature of offence in future, the prosecution
shall be at liberty to move for cancellation of his
bail bond.
(v) The learned 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.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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