Third bail petition dismissed in murder/arms case. Court held prima facie case made out, trial nearing conclusion, and no change in circumstances to justify reconsideration despite prolonged custody.
Petition for grant of regular bail dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5456 of 2023
Arising Out of PS. Case No.-404 Year-2018 Thana- BARARI District- Katihar
======================================================
UPENDRA MAHTO Son of Late Mahendra Mahto R/V- Gobrahi Diyara, 04 No. Bind Toli, P.S- Kursela Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Yadav,Adv. For the Opposite Party/s : Mr.Satyendra Prasad,APP ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
3 15-03-2023
Heard learned counsel for the petitioner and learned APP for the State.
The present petition is by way of third attempt at the behest of the petitioner for grant of bail in connection with Barari P.S. Case No.404 of 2018, registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code and 27 of the Arms Act inasmuch as all the earlier petitions filed by the petitioner for grant of bail have all stood dismissed by this court.
The accusation against the accused persons including
the petitioner herein is regarding them having arrived at the
Patna High Court CR. MISC. No.5456 of 2023(3) dt.15-03-2023 2/3
place of occurrence and having fired upon the brother of the informant, resulting in his instantaneous death on the spot, whereafter the accused persons had thrown the dead body of the deceased near the river Ganges.
The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 21.10.2019, however, the trial is not progressing, hence, some sympathy may be shown towards this petitioner.
Per contra, learned APP for the State has vehemently opposed the prayer for grant of bail and has submitted that the report submitted by the learned Trial Court dated 3.02.2023 would show that two prosecution witnesses out of six prosecution witnesses have already been examined and the trial is likely to be concluded soon, hence, no sympathy may be shown to the petitioner herein.
Having regard to the facts and circumstances of the case and taking into consideration the materials available on record as also considering the earlier orders passed by this Court rejecting the prayer of the petitioner for grant of bail, especially the one dated 23.09.2022, this Court finds that a prima facie case is definitely made out against the petitioner for the offences alleged and moreover, there is no change in circumstance so as
Patna High Court CR. MISC. No.5456 of 2023(3) dt.15-03-2023 3/3
to warrant reconsideration of the prayer of the petitioner for grant of regular bail, hence, the present petition stands dismissed.
(Mohit Kumar Shah, J)
kanchan/sonal-
U
2 issues framed by the court
Whether bail should be granted to the petitioner in the third attempt considering the trial is likely to conclude soon and no change in circumstances exists.
Whether the death of the accused has been made out against the petitioner for offences alleged.
2 provisions across 2 enactments
UPENDRA MAHTO
The State of Bihar
MOHIT KUMAR SHAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
