Patna High Court
Jitendra MahtoversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied because the court found a strong suspicion of the petitioner's involvement in the murder.
Summary
The petitioner, Jitendra Mahto, was arrested in connection with the murder of the informant's son and sought bail under Sections 103(1) and 3(5) of the B.N.S. He argued that there were no eye‑witnesses and that his relationship with the deceased was cordial, emphasizing his young age and clean record. The prosecution countered that multiple witnesses placed the petitioner with the victim before the killing and that the petitioner had confessed to assaulting the deceased alongside co‑accused, leading to death by blunt‑force injuries. The court examined the evidence, noting the strong suspicion of the petitioner's involvement and the seriousness of the offence. Considering the presence of eyewitness testimony and the alleged confession, the court declined to grant bail. Consequently, the petitioner's bail application was rejected.
Issues considered
- Whether bail should be granted to the accused in a murder case where the prosecution alleges eyewitness testimony and a confession.
- Whether the absence of a prior criminal record and the petitioner's age justify bail despite the seriousness of the charges.
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- bail
- murder
- confession
- eyewitness
- Section 103
- Section 3
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91990 of 2025
Arising Out of PS. Case No.-66 Year-2025 Thana- AWTARNAGAR District- Saran
======================================================
Jitendra Mahto S/O Shiv Kumar Mahto R/O Village- Chainpurva, P.S- Awtar
Nagar, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kumar Yadav
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103(1), 3(5) of the B.N.S.
3. Petitioner is said to have committed murder of the
son of the informant.
4. Learned counsel for the petitioner submits that
there is no eye witness to the case and the relation between the
petitioner and the deceased was cordial, however, he has been
implicated in the present case only on the basis of the last seen
evidence. The petitioner is in custody since 02.03.2025 and is a
young boy of 24 years of age with no criminal antecedent.
5. Learned APP for the State has opposed the
application for bail on the ground that several witnesses have
seen the petitioner and another taking the deceased along
Patna High Court CR. MISC. No.91990 of 2025(3) dt.25-02-2026
2/2
with them after which he was done to death and the petitioner
has also confessed his guilt that he along with co-accused Prem
Mahto had assaulted the deceased whereafter co-accused
Pramod Mahto had hit the deceased with iron rod and fired
resulting in the death of the deceased. The cause of the death has
also been shown to be injuries caused by heavy blunt object.
6. Taking into consideration the facts and
circumstances and also considering that fact that there is a
strong suspicion of the involvement of the petitioner in the
alleged offence, I am not inclined to enlarge the petitioner on
bail at this stage. Accordingly, his prayer for bail is rejected in
connection Awtar Nagar P.S. Case No. 66 of 2025.
(Soni Shrivastava, J)
devendra/-
U T
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