Raja Babu @ Raja Mahto @ Raja Babu Mahto v. The State Of Bihar
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 ====================================================== 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 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, DistrictVaishali 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
2/4 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.
4/4 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