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Patna High Court

Vikash Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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