Patna High Court
Vikash Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Bail was denied because the trial was already at the prosecution‑evidence stage and was likely to conclude shortly, indicating no sufficient ground for release.
Summary
The petitioner, Vikash Kumar Mahto, sought bail in a murder case (PS Jalalpur Case No. 119 of 2023) after earlier bail applications were rejected in 2024 and 2025. The State opposed bail, relying on the petitioner’s alleged involvement and a recovered knife, as well as confessional statements of co‑accused. The High Court examined a report from the Sessions Court indicating that the trial was at the prosecution‑evidence stage, with three of four witnesses already examined and the trial expected to conclude in about six months. Considering the seriousness of the offence, the stage of the trial, and the likelihood of the trial’s imminent conclusion, the Court found no sufficient ground to grant bail. Consequently, the petition for bail was rejected.
Issues considered
- Whether bail should be granted to an accused in a murder case when the trial is at the prosecution‑evidence stage and is expected to conclude within six months.
Subjects
- bail
- murder
- Criminal Procedure Code
- high court
- trial stage
- prosecution evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3421 of 2026
Arising Out of PS. Case No.-119 Year-2023 Thana- JALALPUR District- Saran
======================================================
Vikash Kumar Mahto S/O Binod Mahto @ Vinod Mahto R/O Village- Kashi
Tiwari Tola, P.S- Jalalpur, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr.Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 03-04-2026 Heard learned counsel appearing for the petitioner and
learned APP appearing for the State.
2. Learned counsel for the petitioner submits that the
petitioner's prayer for bail was earlier rejected vide order dated
26.04.2024 passed in Criminal Miscellaneous No. 82673 of
2023 and vide order dated 16.05.2025 passed in Criminal
Miscellaneous No. 13722 of 2025. He further submits that on
the earlier occasion, a report regarding the present stage of the
trial and the expected time frame for its conclusion was called
for.
3. Learned A.P.P. for the State opposes the prayer for
bail and submits that the petitioner is an accused in a case of
murder, and on the basis of the confessional statements of the
Patna High Court CR. MISC. No.3421 of 2026(3) dt.03-04-2026
2/2
co-accused as well as the petitioner, the knife used in the
commission of the crime has been recovered.
4. Upon perusal of the report received from the Court
of the District & Additional Sessions Judge-I, Saran, Chapra, it
appears that the Sessions Trial is presently at the stage of
prosecution evidence. Out of four prosecution witnesses, three
have already been examined. The report further indicates that
the trial is likely to conclude within approximately six months.
5. In view of the aforesaid circumstances, this Court is
not inclined to grant bail to the petitioner. Accordingly, the
prayer for bail in connection with Jalalpur P.S. Case No. 119 of
2023, pending before the Court of the learned Additional
District and Sessions Judge-I, Saran at Chapra, is hereby
rejected.
(Dr. Anshuman, J)
Ashwini/-
U T
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