Patna High Court
Nag Mani MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail application was dismissed as there were no new grounds and the trial was at an advanced stage.
Summary
The petitioner, Nag Mani Mahto, was charged under Sections 302 and 34 of the Indian Penal Code and Sections 25(1‑B)(a) and 27 of the Arms Act. He has been in judicial custody since April 8, 2024, and previously sought bail, which was denied due to substantial evidence and 33 prior criminal cases. A recent report indicated that the trial is at the prosecution evidence stage, with all charge‑sheet witnesses examined and the case expected to conclude in 3‑4 months. The petitioner argued that his continued detention lacks justification, while the State opposed bail. The court found no new grounds for bail, noted the advanced stage of trial, and consequently rejected the bail application, directing the lower court to expedite the trial within two months.
Issues considered
- Whether bail can be granted at the prosecution evidence stage of a serious offence involving murder and arms offences.
- Whether the petitioner’s continued custody is justified in view of the trial’s progress and his criminal antecedents.
Legislation cited
- Arms Act — s. 25(1-B)(a), 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- IPC 302
- murder
- Arms Act
- criminal antecedents
- trial stage
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75992 of 2025
Arising Out of PS. Case No.-19 Year-2024 Thana- KHODAWANDPUR District- Begusarai
======================================================
Nag Mani Mahto Son of Late Jay Prakash Mahto @ Late Jay Parkash Mahto
Resident of Village - Kumbhi Patolia Dera, Police Station - Cheriya
Bariyarpur, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Bhushan Prasad, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Khodawandpur P.S. Case No. 19 of 2024 instituted for the
offences under Sections 302, 34 of the Indian Penal Code, read
with Sections 25(1-B)(a) and 27 of the Arms Act.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
05.03.2025 passed in Cr. Misc. No. 85036 of 2024 on account of
being enough material against the petitioner and specifically
taking into account the thirty-three (33) criminal antecedents of
the petitioner.
4. In compliance of the order dated 11.11.2025, a
report dated 18.11.2025 with regard to the present stage of trial
Patna High Court CR. MISC. No.75992 of 2025(3) dt.09-01-2026
2/2
has been received. From perusal of the aforesaid report, it
appears that the present case is running for prosecution evidence
(documentary) and all the witnesses mentioned in the charge-
sheet of the case have been examined. It is further reported that
the trial is likely to be concluded within 3-4 months and the case
is fixed for evidence.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 08.04.2024
without any rhymes or reason.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. There is no new ground to consider the bail petition
of the petitioner. From the aforesaid report, it appears that the
trial is going on and is at an advance stage.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of two months from today.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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