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Patna High Court

Roushan Mahto @ Roushan Kumar MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was not granted and the application was dismissed.

Summary

The petitioner, Roushan Mahto, was charged under Section 394 of the Indian Penal Code in PS Chauri Case No. 57 of 2023. He filed a second bail application after an earlier bail denial on 1 October 2024. Counsel argued that the trial was nearing its conclusion with all witnesses examined, warranting bail. The court considered the stage of the trial and the nature of the offence. Concluding that the circumstances did not justify release, the court dismissed the bail application.

Issues considered

  • Whether bail should be granted to the accused at the stage when the trial is near conclusion for an offence under Section 394 IPC

Legislation cited

Subjects

  • bail
  • Section 394 IPC
  • criminal procedure
  • high court
  • trial stage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33351 of 2025
                        Arising Out of PS. Case No.-57 Year-2023 Thana- CHAORI District- Bhojpur
                 ======================================================
                 Roushan Mahto @ Roushan Kumar Mahto S/o Sri Yogendra Mahto R/o Vill.-
                 Saidanpur, P.S.- Tarari, Distt.- Bhojpur, Bihar

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramanuj Tiwary
                 For the State            :        Ms. Rita Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   10-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Chauri P.S.

                   Case No. 57 of 2023 registered for the offence under Section

                   394 of the IPC

                                 3. Earlier, the bail application of the petitioner has

                   been rejected by this Court vide order dated 01.10.2024

                   passed in Cr. Misc. No. 64361 of 2024.

                                 4. As per the submission of the learned counsel for

                   the petitioner, the trial is on the verge of its conclusion and all

                   the witnesses have been examined.

                                 5. Considering the above facts and circumstances, I
             Patna High Court CR. MISC. No.33351 of 2025(5) dt.10-02-2026
                                                         2/2




                       am not inclined to grant bail to the petitioner.

                                    6. Accordingly, this application is dismissed.



                                                  (Sandeep Kumar, J)
priyanka/-

U      T


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