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Patna High Court

Raj Kishor Mahto @ Chhotu MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court upheld the earlier refusal of bail, rejecting the petitioner's application.

Summary

The petitioner, Raj Kishor Mahto, sought regular bail in a case registered under Sections 103(1), 61(2) and 3(5) of the Bihar Narcotic Substances Act. His earlier bail application had been rejected by the Coordinating Bench of the Patna High Court on 27‑08‑2025. The petitioner argued that there was no fresh material and that the informant had not been examined, but the court noted that the earlier order had already considered all available evidence. The State opposed the bail, and the court, finding no new grounds to revisit the earlier decision, again denied bail, directing that the petitioner may re‑apply after six months if the trial remains pending. The trial court was also instructed to expedite the trial.

Issues considered

  • Whether the petitioner is entitled to bail despite the earlier rejection and lack of fresh material
  • Whether the non‑examination of the informant warrants reconsideration of bail
  • Whether the trial should be expedited

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bihar Narcotic Substances Act
  • trial expeditious
  • informant
  • pending trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20738 of 2026
                  Arising Out of PS. Case No.-467 Year-2024 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Raj Kishor Mahto @ Chhotu Mahto, S/O Raj Deo Mahto, Resident of
                 Village- Badkagaon, P.S- Bhagwanpur Hat, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mukesh Kumar Thakur, Advocate
                 For the Opposite Party/s :      Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   01-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bhagwanpur Hat (Siwan) P.S. Case No. 467 of 2024

                   instituted for the offence under Sections 103(1), 61(2) and 3(5)

                   of B.N.S. which.

                                3. Leaned counsel for the petitioner has submitted that

                   the bail petition of this petitioner was earlier rejected by the

                   learned Co-ordinate Bench of this Court vide order dated

                   27.08.2025 passed in Cr. Misc. No. 42780 of 2025. It has further

                   been submitted that petitioner is in custody since 06.12.2024

                   and altogether two witnesses have been examined.

                                 4. On being asked as to whether the informant of this

                   case has been examined or not, learned counsel for the
             Patna High Court CR. MISC. No.20738 of 2026(2) dt.01-04-2026
                                                         2/2




                       petitioner has submitted that the informant has not been

                       examined. Order dated 27.08.2025 was passed after considering

                       all the materials and there is no any fresh material to reconsider

                       the bail of this petitioner. Vide order dated 27.08.2025, learned

                       trial Court was directed to expedite the trial of this petitioner.

                                    5. Learned APP appearing for the state has

                       vehemently opposed the prayer of regular bail.

                                    6. Having heard the learned counsel for the parties

                       and considering the fact that bail petition of the petitioner has

                       already been rejected earlier by the learned Co-ordinate Bench

                       of this Court, this court is not inclined to enlarge the petitioner

                       on bail at this stage and, as such, his prayer for bail stands again

                       rejected.

                                    7. However, petitioner may renew his prayer for bail

                       after six months if the trial is not concluded.

                                    8. Learned trial Court is directed to expedite the trial.



                                             (Ashok Kumar Pandey, J)
lata/-
U        T


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