Patna High Court
Shambhu MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted to the petitioner.
Summary
Shambhu Mahto was arrested in connection with a robbery in which he allegedly snatched cash, a gold ornament, and several personal documents from an informant. He is charged under Sections 303(2) and 304(2) of the Bharatiya Nyaya Sanhita, 2023. The petitioner, who has been in custody since 2 July 2025, also has four prior serious criminal antecedents. The court examined the seriousness of the allegations, the material linking the petitioner to the crime, and his criminal record. Considering these factors, the court declined to grant regular bail, stating that the observations were prima facie and limited to the bail application. The bail application was therefore rejected.
Issues considered
- Whether regular bail should be granted to an accused charged with offences under Sections 303(2) and 304(2) of the Bharatiya Nyaya Sanhita, 2023, given the seriousness of the allegations and the accused's prior criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 304(2)
Subjects
- regular bail
- criminal antecedents
- robbery
- Bharatiya Nyaya Sanhita
- Sections 303(2)
- Sections 304(2)
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91556 of 2025
Arising Out of PS. Case No.-480 Year-2024 Thana- LAKHISARAI District- Lakhisarai
======================================================
Shambhu Mahto Son of Bindeshwari Mahto R/o Vill.- Nayatola, Simri
Bhaktiyarpur, P.S.- Bhaktiyarpur, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Maya Shankar Mishra, Advocate
Mr. Nagendra Upadhyay, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 30-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Lakhisarai P.S. Case No. 480 of 2024 registered for the offence
under Sections 303(2), 304(2) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, the petitioner is
accused of snatching Rs. 20,000/-, golden ornament, ATM Card,
PAN Card, Aadhar Card, and a Mobile from the informant.
4. The petitioner is in custody since 02.07.2025 and
has four criminal antecedents of similar and serious nature. The
allegations against the petitioner are serious and grave in nature.
The name of the petitioner has come in the case on the self-
Patna High Court CR. MISC. No.91556 of 2025(4) dt.30-03-2026
2/2
inculpatory statement of the co-accused. Sufficient materials
have come during the investigation to connect the petitioner
with the alleged crime.
6. Considering the allegations levelled against the
petitioner as well as his criminal antecedents, this Court is not
inclined to grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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