Patna High Court
Baban MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted; the application was dismissed.
Summary
The petitioner, Baban Mahto, was arrested in connection with a murder case (Bikram P.S. Case No. 407 of 2024) in which the victim suffered 22 wounds. He was charged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and has been in custody since 27 September 2024. The petitioner filed a second bail application, claiming a serious heart ailment and seeking medical treatment. The State opposed the bail, emphasizing the gravity of the alleged offence. The Court, after considering the seriousness of the charge and the petitioner’s health claim, directed that he be provided medical treatment but refused to grant bail, dismissing the application. The trial court was also directed to frame the charge at the earliest.
Issues considered
- Whether bail should be granted to the accused in a murder case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita given the seriousness of the offence and the petitioner’s alleged heart ailment.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- bail
- murder
- Bharatiya Nyaya Sanhita
- health
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91635 of 2025
Arising Out of PS. Case No.-407 Year-2024 Thana- BIKRAM District- Patna
======================================================
Baban Mahto S/o Late Briksh Mahto Resident of Village- Milki, P.S.-
Bikram, District- Patna
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Patanjali Rishi
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Bikram P.S. Case No.
407 of 2024, registered for the offence under Sections103(1)
and 3(5) of the B.N.S.
3. Earlier the bail application of the petitioner was
rejected on 13.05.2025 in Cr. Misc. No. 14262 of 2025 which
reads as follows:-
“Heard learned counsel for the
petitioner; learned APP for the State and
learned counsel for the informant.
2. The petitioner seeks bail in
connection with Bikram P.S. Case No. 407 of
2024 registered for the offence punishable
under Sections 103(1) and 3(5) of the
Bharatiya Nyaya Sanhita.
Patna High Court CR. MISC. No.91635 of 2025(3) dt.26-02-2026
2/2
3. The petitioner and others are
given 22 wounds and killed the deceased
over a trivial dispute. The petitioner is in
custody since 27.09.2024.
4. Learned APP appearing for the
State opposes the prayer for regular bail of
the petitioner.
5. Considering the nature of
allegation, I am not inclined to grant bail to
the petitioner.
6. Accordingly, the application
stands dismissed for the present.”
4. The trial court is directed to frame the charge at the
earliest.
5. Considering the contention of petitioner that
petitioner is suffering from heart ailment, the Jail
Superintendent, Beur Jail, is directed to get the petitioner treated
in I.G.I.C./P.M.C.H./IGIMS/AIIMS/ Jay Prabha Medanta Super
Specialty Hospital, Patna.
7. In view thereof, this application is dismissed.
(Sandeep Kumar, J)
Ranjeet/-
U T
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