Nagendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75964 of 2025 Arising Out of PS. Case No.-116 Year-2024 Thana- SARAI RANJAN District- Samastipur ====================================================== Nagendra Mahto Son of Ram Kishun Mahto, Resident of Village- Daulatpur Chandi, PS- Haripur Sadar, Dist- Vaishali.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Advocate Mr. Jharkhandi Upadhyay, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Sarai Ranjan P.S. Case No. 116 of 2024 dated 31.08.2024, registered for the offences punishable under Sections 309(4) read with Section 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the four-wheeler of the informant was overtaken by one Swift Dzire and two persons, on gun-point, dragged out the informant from his vehicle and snatched his Aadhar card, driving license and mobile phone and also a gold locket. Further, two persons fled away with the vehicle of the informant. The name of the petitioner transpired during investigation for being involved in the alleged occurrence.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.75964 of 2025(3) dt.21-01-2026 2/3 petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Nothing incriminating has been recovered from person or possession of the petitioner. The name of the petitioner transpired in this case on the basis of confessional statement of co-accused Arbind Sahni, who was arrested in Sarai Ranjan P.S. Case No. 133 of 2024. No test identification parade has been carried out to ascertain the identity of the miscreants. The petitioner has criminal antecedents of 21 cases and in all of these cases, the name of the petitioner sprung up on the basis of confessional statement of co-accused Arbind Sahni. A similarly placed co-accused Dhiraj Sahni has been granted bail by a learned co-ordinate Bench of this Court vide order dated 28.11.2025 passed in Cr. Misc. No. 58070 of 2025. Learned counsel lastly submits that petitioner is in custody since 16.11.2024 and chargesheet has been submitted.
5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner and submits that petitioner appears to be a habitual offender and bears a long criminal history.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.75964 of 2025(3) dt.21-01-2026 3/3 fact that no recovery has been shown from this petitioner and further considering his period of custody and submission of chargesheet, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Samsastipur / concerned Court, in connection with Sarai Ranjan P.S. Case No. 116 of 2024, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T