Patna High Court
Raja Babu @ Raja Mahto @ Raja Babu 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
Petitioner Raja Babu Mahto was arrested on 7 May 2025 in connection with a robbery and assault case (Lalganj P.S. Case No. 29 of 2025) alleging offences under Sections 309(4), 310(2), 311 and 317(3) of the BNS Act. The FIR does not name him; his alleged involvement emerged only from the confessional statement of co‑accused Rahul Kumar, and no incriminating material was recovered from his possession. The petitioner, represented by Ms. Bela Singh, sought bail, contending that the lack of direct FIR mention and absence of seized evidence weaken the prosecution’s case, though the State highlighted five prior criminal cases against him. The court examined the sufficiency of the evidence, the relevance of the co‑accused’s statement, and the petitioner’s antecedents, and decided to grant bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order emphasizes that bail should not be delayed for antecedent verification but may be cancelled if conditions are breached.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR but is implicated through a co‑accused’s confessional statement.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(4), 310(2), 311, 317(3)
Subjects
- bail
- FIR
- confessional statement
- criminal antecedent
- Sections 309, 310, 311, 317
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87886 of 2025
Arising Out of PS. Case No.-29 Year-2025 Thana- LALGANJ District- Vaishali
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Raja Babu @ Raja Mahto @ Raja Babu Mahto S/O Baban Mahto @ Babban
Mahto R/O village- Jalalpur P.S.- Lalganj, District- Vaishali
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Ms. Bela Singh, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 30-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
07.05.2025 in connection with Lalganj P.S. Case No. 29 of 2025
for the offences punishable under Sections 309(4), 310(2), 311
and 317(3) of BNS.
3. The prosecution story, in brief, is that the informant
Raj Sekhar aged about 40 years s/o Tribhuvan Kumar Sinha r/o
village- Parshurampur @ Shiekhpura P.S. Vaishali, District-
Vaishali stated that on 13.01.2025 at 9.20 PM, I work as a
Branch sales Manager in Swara Finn Care Ltd. in Mahua. Like
every day. today at 18.30 hrs I was returning from my duty to
home in the meantime at Langdi Pakad chowk four miscreants
came and surrounded me from both sides and hit on my bike
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thereafter I fell down on earth and got injury in my right leg.
Thereafter I managed myself and stand with motorcycle at that
time two miscreants on hero splendor motorcycle came near me
and take my motorcycle key and kept pistol on my forehead in
the meantime another two miscreants came and take my mobile.
Somehow, I try to save myself but one of the miscreants hit me
hard and due to this I fell down on the earth and those accused
persons take my motorcycle bearing Registration No.
BR06CS2312 Honda and fled away at that time they also took
my purse, gold ring, Rs. 2000/- cash, Central Bank ATM, Credit
Card, Pan card, Driving Licence, Adhar Card, Voter card,. Id
card, my locker key and my Samsung Galaxy A52 5g Mobile.
Thereafter I call with my another mobile whose mobile no. is
6201583846 to Police and police came at the place of incident.
4. Learned counsel for the petitioner submits that
petitioner is not named in the FIR and his name has transpired
during the course of investigation on the confessional statement
of co-accused person Rahul Kumar. It is next submitted that
nothing has been recovered from the conscious possession or
from the house of the petitioner. It is next submitted that the
police after investigation has submitted charge-sheet and the
petitioner is in custody since 07.05.2025.
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5. The learned Additional Public Prosecutor for the
State, on the other hand, has vehemently opposed the prayer for
bail of the petitioner and submits that petitioner has antecedent
of five cases other than present case.
6. Considering the aforesaid facts and circumstances
that petitioner is not named in the FIR and his name has
transpired during the course of investigation on the confessional
statement of co-accused person Rahul Kumar, 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 of Additional Chief
Judicial Magistrate-VIIIth, Vaishali at Hajipur in connection
with Lalganj P.S. Case No. 29 of 2025, 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 canceled 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.
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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)
Gaurav Sinha/-
U T
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