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Patna High Court

Ashok MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The petition for bail was denied as no fresh ground was shown; trial delay alone is insufficient to merit bail.

Summary

The petitioner, Ashok Mahto, was charged with assaulting the father of an informant, resulting in the victim's death. He applied for bail for the second time after an earlier bail denial. The petitioner argued that the trial had been delayed since his custody began on 26‑10‑2024 and that this delay warranted bail, also noting that a co‑accused had been granted bail. The State and the informant opposed, pointing out that another co‑accused had been denied bail and that no new ground beyond trial delay was shown. The court examined the trial record, noting the case was committed for trial under sections 190, 191(2), 191(3), 103(1) and 3(5) of the B.N.S., and held that mere delay without fresh grounds does not justify bail. Consequently, the bail petition was rejected, and the trial court was directed to expedite the proceedings.

Issues considered

  • Whether delay in the conclusion of trial constitutes a sufficient ground to grant bail in a murder/assault case.
  • Whether the bail decisions of co‑accused persons are determinative for the petitioner’s bail application.
  • Whether any fresh ground exists to reconsider the earlier denial of bail.

Legislation cited

  • B.N.S. — s. 103(1), 190, 191(2), 191(3), 3(5)

Subjects

  • bail
  • trial delay
  • assault
  • murder
  • criminal procedure
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3811 of 2026
                        Arising Out of PS. Case No.-407 Year-2024 Thana- BIKRAM District- Patna
                 ======================================================
                 Ashok Mahto Son of Late Kameshwar Mahto Resident of Village- Milki
                 (Milkipar), P.S.- Bikram, Distt.- Patna


                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr.Ravi Prakash Dwivedi, Advocate
                 For the State              :      Mr.Sanjay Kumar Singh, APP
                 For the Informant          :      Mr. Kuldeep Kumar, Advocate
                                                   Mr. Jitendra Yadav, Advocate
                                                   Mr. Shubham Kumar Bharti, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   11-03-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State as well as learned counsel appearing on behalf

                   of the informant.

                                        02. This is the second attempt of the petitioner to

                   seek bail from this Court as earlier his prayer for bail was

                   rejected by this Court vide order dated 23.07.2025 passed in Cr.

                   Misc. No. 19905 of 2025.

                                        03. As per prosecution case, petitioner and other

                   co-accused persons assaulted the father of the informant when

                   he opposed the act of the petitioner in taking away chaff from

                   the doors of the informant. The assailants gave a chase and

                   further assaulted the father of the informant when he tried to
Patna High Court CR. MISC. No.3811 of 2026(3) dt.11-03-2026
                                            2/3




          flee away. The assailants fled away on seeing the informant and

          others approaching the place. Father of the informant

          succumbed to his injuries while being taken to PMCH, Patna.

                           04. Learned counsel for the petitioner submits that

          the petitioner has remained in custody since 26.10.2024 and till

          date the trial has not proceeded any further. Learned counsel

          further submits that there is no likelihood of early conclusion of

          trial and delay in concluding the trial is a valid ground for

          reconsideration of prayer for bail of the petitioner. Learned

          counsel further submits that co-accused Naveen Mahto has been

          granted bail by a Co-ordinate Bench vide order dated

          24.11.2025 passed in Cr. Misc. No. 41639 of 2025.

                           05. Learned APP as well as learned counsel

          appearing on behalf of the informant vehemently oppose the

          submission made on behalf of the petitioner. Learned counsel

          for the informant submits that similarly situated co-accused

          Baban Mahto has been denied bail by a Co-ordinate Bench

          earlier vide order dated 13.05.2025 passed in Cr. Misc. No.

          14262 of 2025 and subsequently vide order dated 26.02.2026

          passed in Cr. Misc. No. 91635 of 2025.

                       06. A report has been called for from the learned trial

          court on previous occasion regarding present stage of trial and it
            Patna High Court CR. MISC. No.3811 of 2026(3) dt.11-03-2026
                                                        3/3




                      has been submitted by learned Additional Chief Judicial

                      Magistrate-VI, Danapur, Patna that the case record has been

                      committed for trial after cognizance being taken against the

                      petitioner and others under Sections 190, 191(2), 191(3), 103(1),

                      3(5) of B.N.S.

                                   07. Except for delay in conclusion of trial, no fresh

                      ground has been shown by the petitioner for reconsideration of

                      his prayer for bail. Therefore, finding no new ground, I am not

                      inclined to allow the prayer for bail of the petitioner and hence,

                      his prayer for bail is rejected.

                                   08. The learned trial court is directed to take steps for

                      early conclusion of the trial considering the fact that the

                      petitioner and co-accused are in custody since long.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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