Patna High Court
Shankar Mahto @ Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the offence of dacoity under Section 395 IPC and the related Arms Act provisions is grave, and the petitioner’s involvement was established.
Summary
The petitioner, Shankar Mahto, sought bail in a case registered as Kasim Bazar P.S. Case No. 01 of 2023, alleging offences under Section 395 of the Indian Penal Code (dacoity) and several provisions of the Arms Act. The trial court had earlier rejected his bail application, and this was the second attempt before the Patna High Court. The prosecution opposed bail, citing material evidence linking the petitioner to the dacoity committed in Munger and the seriousness of the offences. The Court noted that the charge had been framed and, considering the gravity of the crime and the risk to the investigation, was not inclined to grant bail. Consequently, the High Court dismissed the bail application, directed the trial court to expedite the trial, and ordered the Superintendent of Police to ensure witness appearance.
Issues considered
- Whether bail can be granted to an accused of dacoity under Section 395 IPC and the cited provisions of the Arms Act
- Whether the gravity of the offence and the material evidence justify denial of bail
Legislation cited
- Arms Act — s. 25(1-b)(a), 26(i)(ii), 35
- Indian Penal Code — s. 395
Subjects
- bail
- dacoity
- Indian Penal Code
- Arms Act
- high court
- criminal procedure
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53167 of 2025
Arising Out of PS. Case No.-1 Year-2023 Thana- KASIMBAZAR District- Munger
======================================================
Shankar Mahto @ Shankar Kumar S/o Late Shivam Mahto R/o Village-
Khava (Chandra Tola), P.S.- Maidni Chowki, District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niranjan Parihar, Adv
For the Opposite Party/s : Mr.Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 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 Kasim Bazar
P.S.Case No. 01 of 2023 registered for the offence punishable
under Section 395 of the Indian Penal Code and 25(1-b) (a) 26
(i)(ii), 35 of the Arms Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 26.04.2024 passed in Cr. Misc.
No.77545 of 2023, which reads as under:-
Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
connection with Kasim Bazar P.S.Case
No.01 of 2023 registered for the offence
under section 395 of the Indian Penal
Patna High Court CR. MISC. No.53167 of 2025(4) dt.10-02-2026
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Code and section 25 (1-b) a, 26 (i) (ii), 35
of the Arms Act.
3. The petitioner is said to have
committed dacoity in the house of the
informant.
4. The involvement of the
petitioner has been found during
investigation and meterials support that
the petitioner was involved in committing
the dacoity.
5. Learned APP has vehemently
opposed the prayer for bail.
6. Since it is a dacoity
committed in the town of Munger, this
Court is not inclined to grant bail to the
petitioner for the present.
7. Accordingly, this application
is dismissed.
4. Learned counsel for the petitioner submits that
the charge has been framed.
5. Considering the gravity of the offence , I am not
inclined to review my earlier order.
6. Accordingly, the application stands dismissed.
7. The learned trial court below is directed to expedite
the trial of the petitioner as early as possible.
8. The Superintendent of Police, Munger is directed to
ensure the appearance of the witnesses in the trial so that the
trial is not delayed.
9. Let a copy of this order be communicated to the
Patna High Court CR. MISC. No.53167 of 2025(4) dt.10-02-2026
3/3
ADJ-IV, Munger and Superintendent of Police, Munger
forthwith through FAX or e-mail for its compliance.
(Sandeep Kumar, J)
N.K/-
U T
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