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Patna High Court

Dhramveer Mahto @ Dharmveer KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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