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Patna High Court

Jitendra MahtoversusThe State of Bihar

Decided
Disposal
REJECTED

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

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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