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Patna High Court

Arun Kumar Mehta @ Arun Mehta @ Arun MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was not granted and the petition was dismissed.

Summary

Arun Kumar Mehta, who has been in custody since 18 May 2020, filed a petition seeking bail after his earlier bail applications were rejected on three occasions. The petitioner argued that the trial is still pending, all prosecution witnesses have been examined, and the statement of a co‑accused could not be recorded because that co‑accused is in custody in another state. The State opposed bail, contending that the trial is nearing its conclusion and there is no material ground to revisit the earlier refusals. The Court noted the seriousness of the allegations, the fact that the case is at the stage of recording statements under Section 313 of the CrPC, and the prior rejections, and therefore declined to grant bail. However, the Court directed the trial court to expedite the trial given the petitioner’s prolonged pre‑trial detention and to take appropriate steps if any co‑accused remains unavailable. The petition was consequently disposed.

Issues considered

  • Whether bail should be granted to an under‑trial accused who has been in custody for a prolonged period and whose trial is pending.
  • Whether the inability to record the statement of a co‑accused, who is in custody in another state, warrants reconsideration of bail.
  • Whether the seriousness of the allegations and prior bail rejections preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Section 313 CrPC
  • co‑accused statement
  • criminal procedure
  • high court
  • petition
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85642 of 2025
                       Arising Out of PS. Case No.-172 Year-2020 Thana- BIDUPUR District- Vaishali
                 ======================================================
                 Arun Kumar Mehta @ Arun Mehta @ Arun Mahto S/O Late Vishwanath
                 Mehta @ Vishwanath Singh Mahto Resident of Village- Panapur, P.S-
                 Bidupur, District - Vaishali
                                                                    ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ram Shankar Prasad, Adv.
                 For the Opposite Party/s :        Mr.Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

6   10-04-2026                  The petitioner has approached this Court renewing his

                   prayer for bail as his prayer for bail was rejected earlier vide

                   order dated 0.03.2021 passed in Cr. Misc. No. 37024 of 2020

                   and order dated 12.06.2022 passed in Cr. Misc. No. 66638 of

                   2021.

                                02. Learned counsel for the petitioner submits that

                   petitioner is in custody since 18.05.2020 and trial has not yet

                   been concluded. Learned counsel further submits that though all

                   prosecution witnesses have been examined, one of the

                   coaccused is in custody in the State of Jharkhand in some other

                   case and for this reason the statement of the accused persons

                   could not be recorded under Section 313 CrPC/ Section 351 of

                   BNSS. Learned counsel further submits that the petitioner has

                   been in custody for quite long time as an under trial and his

                   prayer for bail may be considered sympathetically.

                                03. Learned APP for the State opposes the prayer of
             Patna High Court CR. MISC. No.85642 of 2025(6) dt.10-04-2026
                                                         2/2




                       the petitioner for bail and submits that thrice the prayer for bail

                       of the petitioner has been rejected and trial has reached its fag

                       end there is no material for reconsideration for the prayer for

                       bail of the petitioner.

                                    04. Having regard to the fact that all the prosecution

                       witnesses have been examined and the matter is fixed for

                       recording the Statement of the coaccused under Section 313 of

                       the CrPC and also considering the serious nature of allegation

                       against the petitioner and rejection of the prayer for bail thrice,,

                       I am not inclined to enlarge the petitioner on bail for the present.

                       However, the learned trial court is reminded that the petitioner is

                       in continuous custody since 18.05.2020 and it should take all

                       steps for early conclusion of trial and if there is any difficulty in

                       ensuring the presence of any coaccused, the Court concerned

                       may pass appropriate orders.

                                    05. Accordingly, the present petition is disposed of.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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