Mahendra Mahto Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Mahendra Mahto Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) to the satisfaction of Addl. Sessions Judge-V, Vaishali, Hajipur in connection with S.Tr. No.344 of 2023, subject to the Section 480(3) BNSS, 2023 condition of appearance on every date before the Trial Court.

Issue for consideration

Whether the petitioner, whose bail was earlier rejected twice (orders dated 20.12.2022 and 19.07.2024) and who is in custody since 19.07.2021, should be released on regular bail in S.Tr. No.344 of 2023 arising out of Hajipur Sadar P.S. Case No.451 of 2021 lodged under Sections 304B and 34 of the IPC.

Court's answer

In the present facts and circumstances of the case and the submissions made, the petitioner is granted regular bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023, to the satisfaction of Addl. Sessions Judge-V, Vaishali, Hajipur, in connection with S.Tr. No.344 of 2023.

Ratio / Principle

The bail is made subject to the condition under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 that the petitioner shall appear on each and every date before the Trial Court, and failure to appear for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself.

Detailed headnote1 paragraphs

Bail - Regular bail granted - Offence under Sections 304B and 34 of the IPC (Hajipur Sadar P.S. Case No.451 of 2021; S.Tr. No.344 of 2023, Vaishali) - Petitioner in custody since 19.07.2021 with clean antecedents claimed - Bail earlier rejected vide orders dated 20.12.2022 (Cr. Misc. No.40053 of 2022) and 19.07.2024 (Cr. Misc. No.32804 of 2024) with liberty to renew after one year - Per State's report, 7 of 8 witnesses examined, trial pending only for I.O.'s evidence, NBW issued against I.O. - Third application allowed: bail on bonds of Rs.30,000/- as mentioned in Section 2(1)(d) of the BNSS, 2023 before Addl. Sessions Judge-V, Vaishali, Hajipur - Condition under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023: appearance on each and every date before the Trial Court; failure on two consecutive dates without plausible reason entails cancellation of bail bonds by the Trial Court itself. (Patna High Court, CRIMINAL MISCELLANEOUS No.20446 of 2025, Dr. Anshuman, J., order dated 25-07-2025)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20446 of 2025

Arising Out of PS. Case No.-451 Year-2021 Thana- HAJIPUR SADAR District- Vaishali

======================================================

Mahendra Mahto S/O Dev Nath Mahto R/O Vill.- Akara, P.S.- Hajipur Sadar, Dist.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Alok, Adv. For the Opposite Party/s : Mr.Anil Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

ORAL ORDER

4 25-07-2025

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner seeks regular bail in connection with

S.Tr. No.344 of 2023, arising out of Hajipur Sadar P.S. Case No.451 of 2021 lodged under Sections 304B and 34 of the IPC.

Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide orders dated 20.12.2022 and 19.07.2024 passed in Cr. Misc. Nos.40053 of 2022 and 32804 of 2024 with liberty that he may renew his prayer for bail after one year from the date of passing of this order.

Learned counsel for the petitioner further submits that the petitioner’s antecedent is clean and he is in custody since 19.07.2021. He further submits that at the time of rejection of bail application for the second time, only two prosecution witnesses have been examined. He further submits that report has been called for.

Patna High Court CR. MISC. No.20446 of 2025(4) dt.25-07-2025 2/2

Learned counsel for the State opposes the prayer for bail and from the report, it transpires that out of 8 witnesses,

7 witnesses have been examined and trial is pending for the evidence of I.O. only against whom NBW has already been issued.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/(Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Addl. Sessions Judge-V, Vaishali, Hajipur in connection with S.Tr. No.344 of 2023, arising out of Hajipur Sadar P.S. Case No.451 of 2021, subject to the following conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the following condition:-

(i) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself.

(Dr. Anshuman, J.)

Prakashmani/-

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