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Surendra Mahto Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

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Patna HC
2025
Surendra Mahto Vs the State of BiharSurendra Mahto v. the State of Bihar

Allowed¶¶22

Surendra Mahto v. the State of Bihar

Criminal Miscellaneous – Regular bail – Offences under Sections 302, 307, 341, 323, 324 and 34 IPC

Patna HC3 Jan 2025CR. MISC./57895/2024

Case brief

AI extract

What is this about?

Patna High Court, CRIMINAL MISCELLANEOUS No.57895 of 2024, decided 03-01-2025 by Partha Sarthy, J. Regular bail allowed for petitioner Surendra Mahto in Sessions Trial no.195 of 2020 arising out of Muffasil P.S. Case no. 210 of 2019 (Sections 302, 307, 341, 323, 324, 34 IPC; deceased Anil Kumar). Grounds: custody exceeding five years since 7.12.2019 and trial not concluded with four prosecution witnesses still to be examined. Condition: bail bond of Rs.10,000/- with two like sureties before the learned Additional Sessions Judge 4th, Samastipur. No precedents cited; no dissent.

What did the court decide?

Regular bail granted; petitioner to be enlarged on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 4th, Samastipur. ¶¶22

Why is it important?

Bail granted on the ground of prolonged incarceration and delay in trial: the petitioner has remained in custody for over 5 years (since 7.12.2019) and the trial has not concluded, with four prosecution witnesses still remaining to be examined. ¶¶22

What the court decided

AI extract

Outcome

Regular bail granted; petitioner to be enlarged on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 4th, Samastipur.

Issue for consideration

Whether the petitioner, arraigned under Sections 302, 307, 341, 323, 324 and 34 of the Indian Penal Code in Sessions Trial no. 195 of 2020 (arising out of Muffasil P.S. Case no. 210 of 2019) and in custody since 7.12.2019, should be enlarged on regular bail.

Court's answer

Bail granted on the ground of prolonged incarceration and delay in trial: the petitioner has remained in custody for over 5 years (since 7.12.2019) and the trial has not concluded, with four prosecution witnesses still remaining to be examined.

Ratio / Principle

Petitioner directed to be enlarged on bail in connection with Sessions Trial no. 195 of 2020 (arising out of Muffasil P.S. Case no. 210 of 2019) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 4th, Samastipur.

Detailed headnote1 paragraphs

Criminal Miscellaneous — Regular bail — Offences under Sections 302, 307, 341, 323, 324 and 34 IPC — Sessions Trial no. 195 of 2020 arising out of Muffasil P.S. Case no. 210 of 2019, Samastipur — Petitioner in custody since 7.12.2019, i.e. over five years — only six prosecution witnesses examined, four remaining; trial not likely to conclude in the near future — allegation stated to be mainly against co-accused — bail granted on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 4th, Samastipur.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57895 of 2024

Arising Out of PS. Case No.-210 Year-2019 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur

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

SURENDRA MAHTO S/O BILAT MAHTO R/O VILLAGE- SURATPUR, P.S- MUFFASSIL, DISTRICT.- SAMASTIPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate Mr. Gaurav Kumar, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP

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

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

6 03-01-2025

Heard learned counsel for the parties.

The petitioner has preferred this application for

grant of regular bail in connection with Sessions Trial no.195 of 2020, arising out Muffasil P.S. Case no. 210 of 2019 registered under sections 302, 307, 341, 323, 324 and 34 of the Indian Penal Code.

As per the prosecution case, the accused persons including the petitioner herein is said to have come, called out the deceased Anil Kumar for help and on his coming out, the accused persons killed him.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Referring to the deposition of the prosecution witnesses examined in course of trial, it is submitted that the allegation is mainly levelled

Patna High Court CR. MISC. No.57895 of 2024(6) dt.03-01-2025 2/2

against co-accused Kundan Kumar and not this petitioner. The petitioner has remained in custody since 7.12.2019 and only six witnesses have been examined on behalf of the prosecution. Four witnesses still remain to be examined and thus there is no chance of the trial concluding in the near future.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the material that has transpired in course of trial, the petitioner having remained in custody for over 5 years since 7.12.2019 and the trial still not having concluded in the learned trial Court with four witnesses on behalf of the prosecution still remaining to be examined, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.195 of 2020 (arising out of Muffasil P.S. Case no. 210 of 2019) on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge 4^th , Samastipur.

(Partha Sarthy, J)

avinash/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, arraigned under Sections 302, 307, 341, 323, 324 and 34 of the Indian Penal Code in Sessions Trial no. 195 of 2020 (arising out of Muffasil P.S. Case no. 210 of 2019) and in custody since 7.12.2019, should be enlarged on regular bail.¶¶16
The court held
Bail granted on the ground of prolonged incarceration and delay in trial: the petitioner has remained in custody for over 5 years (since 7.12.2019) and the trial has not concluded, with four prosecution witnesses still remaining to be examined.ratio¶¶22

Statutes considered

1 provisions across 1 enactments

AI extract

Indian Penal Code302, 307, 341, 323, 324 and 34¶¶16

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR registered as Muffasil P.S. Case no. 210 of 2019, Samastipur, under Sections 302, 307, 341, 323, 324 and 34 IPC; case pending as Sessions Trial no. 195 of 2020 before the trial court.¶¶16
Prior proceeding
Petitioner in custody since 7.12.2019; six prosecution witnesses examined in the trial, with the allegation said to be mainly against co-accused Kundan Kumar.¶¶20
Prior proceeding
Four prosecution witnesses still to be examined; no chance of the trial concluding in the near future.¶¶20

Parties & counsel

AI extract

petitioner
Surendra Mahto¶¶4
Shailendra Kumar Jha, Gaurav Kumar
respondent
The State of Bihar¶¶7
Nagendra Prasad

Coram

AI extract

Partha Sarthyauthor¶¶12

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 3 Jan 2025 · January
Registered: 3 Aug 2024
Case no.: CR. MISC./57895/2024
CNR: BRHC010691022024
Topic: Murder and Culpable Homicide
Bench: Partha Sarthy
Disposal: BAIL GRANTED
Case type: CRIMINAL MISCELLANEOUS

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Cite this judgement

Surendra Mahto v. the State of Bihar, CR. MISC./57895/2024 (PAT), decided on 3 January 2025.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Indian Penal Code302, 307, 341, 323, 324 and 34

View all statutes

Procedural history3

FIR registered as Muffasil P.S. Case no. 210 of 2019, Samastipur, under Sections 302, 307, 341, 323, 324 and 34 IPC; case pending as Sessions Trial no. 195 of 2020 before the trial court.
Petitioner in custody since 7.12.2019; six prosecution witnesses examined in the trial, with the allegation said to be mainly against co-accused Kundan Kumar.

View full history

Bench / Coram

Partha Sarthy

Parties & counsel