Created by Fuzzy Cloud

Patna High Court

Kundan Mahto @ Matuki MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail is denied as there is no new ground and the trial is at an advanced stage for serious offences.

Summary

Kundan Mahto was charged under Section 302 of the Indian Penal Code and Sections 25(1‑B)a, 26 and 27(3) of the Arms Act for a murder case. He has been in judicial custody since 10 September 2023 and filed a second bail application after the first was rejected. The trial court report showed that 12 of 13 charge‑sheet witnesses had been examined and the trial was expected to finish within three months. The petitioner argued that the trial was delayed and he deserved regular bail, while the State relied on a Supreme Court decision (X v. State of Rajasthan, 2024 SCC Online SC 3539) that bail is rarely granted once trial of serious offences has commenced. The High Court found no new ground for bail, noted the advanced stage of the trial, and rejected the bail petition, directing the lower court to expedite the trial within two months and allowing a fresh application if the trial is not concluded.

Issues considered

  • Whether bail can be granted at an advanced stage of trial for serious offences such as murder and offences under the Arms Act.
  • Whether the petitioner has raised any new ground justifying bail after the earlier rejection.
  • Whether the delay in trial completion warrants the grant of regular bail.

Legislation cited

Subjects

  • bail
  • murder
  • Arms Act
  • trial delay
  • serious offences
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80329 of 2025
                     Arising Out of PS. Case No.-108 Year-2023 Thana- DHANKUND District- Banka
                 ======================================================
                 Kundan Mahto @ Matuki Mahto S/o Late Raj Kishore Mahto R/o Village-
                 Harinagar, P.S- Goradih, Dist- Bhagalpur

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md.Najmul Hodda, Advocate
                 For the Opposite Party/s :      Mr. Uday Pratap 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 S.T.

                   No. 54 of 2024, arising out of Dhankund P.S. Case No. 108 of

                   2023 instituted for the offences under Section 302 of the Indian

                   Penal Code and Sections 25(1-B)a, 26 & 27(3) 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 on merit by this Court vide order

                   dated 23.10.2024 passed in Cr. Misc. No. 42260 of 2024.

                           4.       In compliance of the order dated 21.11.2025, a

                   report dated 27.11.2025, with regard to the present stage of trial

                   has been received. From perusal of the aforesaid report, it
Patna High Court CR. MISC. No.80329 of 2025(3) dt.09-01-2026
                                            2/3




          appears that twelve (12) out of thirteen (13) charge sheet

          witnesses have been examined in this case. It is further reported

          that trial is likely to be concluded within a period of three

          months.

                  5.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 10.09.2023

          without any rhymes or reason. Learned counsel for the

          petitioner submits that there is no likelihood of the trial being

          concluded in the near future, hence, petitioner deserves the

          privilege of regular bail.

                  6.      Learned APP for the State opposes the prayer for

          grant of bail. Learned APP has further relied upon a decision of

          the Hon’ble Apex Court reported in 2024 SCC Online SC 3539

          (X. vs. State of Rajasthan & Anr.), wherein in paragraph No.14,

          Hon’ble Apex Court has observed as under:

                                                                “14. Ordinarily in
                                                       serious offences like rape,
                                                       murder, dacoity, etc., once
                                                       the trial commences and the
                                                       prosecution starts examining
                                                       its witnesses, the Court be it
                                                       the Trial Court or the High
                                                       Court should be loath in
                                                       entertaining     the     bail
                                                       application of the accused.”
           Patna High Court CR. MISC. No.80329 of 2025(3) dt.09-01-2026
                                                       3/3




                             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. If the trial

                     is not concluded within the period of two months, as stated

                     above, the petitioner will be at liberty to renew his prayer before

                     the court below.


                                                               (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.