Patna High Court
Dhramveer Mahto @ Dharmveer KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The bail application of the petitioner is rejected.
Summary
The petitioner, Dhramveer Mahto, was charged under Section 302 of the Indian Penal Code in Sessions Trial No. 745 of 2023 and has been in custody since 7 February 2023. He filed a regular bail application before the Patna High Court after an earlier bail plea was rejected on 30 August 2024. The State opposed the bail, noting that out of six prosecution witnesses, four have been examined and two key witnesses – the Medical Officer and the Investigating Officer – remain, with the trial expected to conclude within twelve months. The Court considered the stage of the trial and the seriousness of the offence in evaluating the bail request. It concluded that granting bail at this juncture would be inappropriate given the pending examination of crucial witnesses. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail should be granted to an accused under Section 302 IPC at the present stage of trial.
Legislation cited
- Indian Penal Code — s. 302
Subjects
- bail
- Section 302 IPC
- criminal procedure
- trial stage
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6158 of 2026
Arising Out of PS. Case No.-5 Year-2023 Thana- PUNAURA District- Sitamarhi
======================================================
Dhramveer Mahto @ Dharmveer Kumar S/o Sunil Mahto @ Suneel Mahto
R/o Village- Akhta Parsauni, Ward No.7, PS- Bairganiya, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Sessions Trial No. 745 of 2023, arising out of Punaura P.S. Case
No. 05 of 2023, lodged on 05.01.2023, under Section 302 of the
Indian Penal Code, pending before the Court of Additional
Sessions Judge-IX, Sitamarhi.
3. Learned Counsel for the petitioner submits that the
bail application of the petitioner has earlier been rejected vide
order dated 30.08.2024 passed in Cr. Misc. No. 45735 of 2024.
Counsel further submits that on the previous occasion, a report
regarding the present stage of the trial was called for. Counsel
also submits that the petitioner has been in custody since
07.02.2023.
Patna High Court CR. MISC. No.6158 of 2026(3) dt.10-04-2026
2/2
4. Learned APP for the State opposes the prayer for
bail and submits that a report has been called for and, from the
said report, it transpires that out of six prosecution witnesses,
four prosecution witnesses have been examined, and only the
Medical Officer and the Investigating Officer are left to be
examined. It has further been indicated by the Trial Court that
the trial is expected to be concluded within 12 months.
5. In the present facts and circumstances of this case
and the submissions made above, this Court is not inclined to
grant bail to the petitioner at this stage. Accordingly, the bail
application of the petitioner is hereby rejected.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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