Patna High Court
Manoj Mahto @ Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that bail should be granted subject to a bond of Rs.30,000 and conditions under Section 480(3) of the BNSS, 2023.
Summary
Manoj Mahto was arrested on 4 July 2023 in connection with a case registered under IPC sections 363 and 34, later amended to include sections 302, 201 and 120(B). He had been in custody for over two years and his bail applications had been rejected twice earlier. The prosecution had examined eight witnesses, and a Section 311 Cr.P.C. application for summoning an additional witness caused further delay. The petitioner argued that the trial was at a standstill, he had a clean record, and continued detention was unnecessary. The court, considering the stage of the trial, the delay, and the pending Section 311 application, granted regular bail on a bond of Rs.30,000 subject to conditions under Section 480(3) of the BNSS, 2023.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the offences and the stage of the trial.
- Whether the delay caused by the Section 311 application justifies bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 311
- Indian Penal Code — s. 120(B), 201, 302, 34, 363
Subjects
- bail
- Indian Penal Code
- Criminal Procedure Code
- Section 311
- trial delay
- bond
- high court
- BNSS
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83316 of 2025
Arising Out of PS. Case No.-97 Year-2023 Thana- MATIHANI District- Begusarai
======================================================
Manoj Mahto @ Manoj Kumar S/o Nepo Mahto @ Nepal Mahato R/o
Village- Kamruddinpur Ulao, Ward No 5, PS- Singhaul, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks regular bail in connection with
Sessions Trial No. 38 of 2024 arising out of Matihani P.S. Case
No. 97 of 2023, lodged on 02.07.2023, under Sections 363 & 34
of the Indian Penal Code and later on Sections 302, 201 &
120(B) of the Indian Penal Code has been added.
3. Learned counsel for the petitioner submits that the
bail application of the petitioner has earlier been rejected twice
vide order dated 29.05.2024 passed in Cr. Misc. No. 10210 of
2024 with Cr. Misc. No. 21792 of 2024 and vide order dated
04.04.2025 passed in Cr. Misc. No. 5513 of 2025.
4. Counsel further submits that charge has already
Patna High Court CR. MISC. No.83316 of 2025(3) dt.25-02-2026
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been framed and the evidence of all four witnesses has been
concluded, and the petitioner has unnecessarily been kept in
custody in this case. Counsel further submits that the petitioner
has been in custody since 04.07.2023 and has a clean criminal
antecedent. Counsel further submits that, on the previous
occasion, a report regarding the present stage of the trial was
called for.
5. Learned counsel for the informant vehemently
opposes the prayer for bail and submits that the examination of
all witnesses has already taken place. However, the petitioner
has filed an application under Section 311 of the Cr.P.C. for
production of additional witnesses with a view to clarifying
matters regarding the FSL report.
6. Learned APP for the State opposes the prayer for
bail and submits that a report regarding the present stage of the
trial was called for.
7. From the report, it transpires to this Court that the
prosecution has examined eight (08) witnesses, including the
informant and the Investigation Officer and by virtue of an
application under Section 311 of the Cr.P.C. for summoning the
Assistant Director of the R.F.S.L., Bhagalpur, the matter is being
delayed.
Patna High Court CR. MISC. No.83316 of 2025(3) dt.25-02-2026
3/3
8. In the present facts and circumstances of this case
and the submissions made above, let the petitioner above
named, be granted bail, on furnishing bail bonds of Rs.30,000/-
(Rupees Thirty thousand) as mentioned in Section 2(1) (d) of
the BNSS, 2023 to the satisfaction of District & Additional
Sessions Judge-III, Begusarai, in connection with Sessions Trial
No. 38 of 2024 arising out of Matihani P.S. Case No. 97 of
2023, subject to the following conditions as laid down under
Section 480(3) of the BNSS.
(Dr. Anshuman, J.)
Aman Kumar/-
U
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