Patna High Court

Rajesh Kumar @ Rajesh Kumar Mahto @ ChhumantarversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: KHATIM REZA

Holding

The petitioner is entitled to regular bail and the bail application is allowed.

Summary

Rajesh Kumar Mahto was arrested in a Sahayak Khazanchi case (No. 317 of 2025) under Sections 303(2), 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly possessing 12 stolen mobile phones. The petitioner contended that no stolen phones were recovered from his possession, no complaint of theft had been lodged, and that a co‑accused from whom 11 phones were seized had already been granted bail. He had been in judicial custody since 17 September 2025 and had only one prior criminal case in which he was acquitted. The State opposed bail, but the Court noted the absence of incriminating material against the petitioner, the prior bail to the co‑accused, and the lengthy custody. Accordingly, the Court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The application for bail was allowed.

Issues considered

Whether the petitioner is entitled to regular bail despite being charged under Sections 303(2), 317(4), 317(5) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(4), 317(5), 3(5)

Subjects

regular bail
theft
mobile phones
Bharatiya Nyaya Sanhita
criminal procedure
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87546 of 2025
                   Arising Out of PS. Case No.-317 Year-2025 Thana- Sahayak Khajanchi District- Purnia
                 ======================================================
                 Rajesh Kumar @ Rajesh Kumar Mahto @ Chhumantar Son of Late Chandu
                 Mahto R/o Village- Tinpahar PS- Tinpahar Distt -Sahebganj (Jharkhand)

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bijendra Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

3   11-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in Sahayak

                   Khazanchi P .S. Case No. 317 of 2025 dated 16-09-2025

                   registered under Sections 303(2), 317(4),317(5) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The allegation is of recovery of 12 stolen mobile

                   phones from the bag of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. It is further submitted that no incriminating article

                   has been recovered from the conscious possession of the

                   petitioner. It is submitted that the petitioner is engaged in the

                   business of mobile phones and no complaint of theft has been
Patna High Court CR. MISC. No.87546 of 2025(3) dt.11-02-2026
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          lodged by any person in respect of the alleged mobile sets. In

          the absence of any such complaint, the question of the mobile

          phones being stolen does not arise. Learned counsel also

          submits that a co-accused, namely Pappu @ Pappu Nunia @

          Pappu Kumar @ Pappu Ninia @ Pappu Mahto @ Pappu Nonia,

          who was arrested on the same day and from whose possession

          11 stolen mobile phones were recovered from his bag, has

          already been granted bail by a Co-ordinate Bench of this Court

          vide order dated 06.01.2026 passed in Cr. Misc. No. 85325 of

          2025 (Annexure-3). It is further submitted that charges have

          already been framed in the present case on 19.01.2026. Lastly, it

          is submitted that the petitioner has been in judicial custody since

          17.09.2025 and has only one criminal antecedent, in which he

          has already been acquitted.

                       5. Learned Additional Public Prosecutor for the State

          has opposed the prayer.

                       6. Having considered the facts and circumstances of

          the case and submissions of learned counsel for the parties, let

          the petitioner be released on bail upon furnishing bail bonds of

          Rs.10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned CJM, Purnea, in

          connection with Sahayak Khazanchi P.S. Case No. 317 of 2025.
           Patna High Court CR. MISC. No.87546 of 2025(3) dt.11-02-2026
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                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U

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