Vikash Kumar Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13722 of 2025 Arising Out of PS. Case No.-119 Year-2023 Thana- JALALPUR District- Saran ====================================================== Vikash Kumar Mahto Son of Vinod Mahto @ Vinod Kumar @ Binod Mahto Resident of Village - Samari (Kashi Tiwari Ke Tola), P.S. - Jalalpur, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harsh Anuj, Adv.
For the Opposite Party/s :
Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Jalalpur P.S. Case No. 119 of 2023 lodged on 02.06.2023 for the offence punishable under Sections 302 of the Indian Penal Code. Subsequently Sections 201 and 120(B) of the IPC was also added vide order dated 06.06.2023
3. Learned Counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 26.04.2024 passed in Cr. Misc. No. 82673 of 2023. Counsel submits that the petitioner is innocent and has committed no offence. It has been submitted that the petitioner has been made accused on the basis of his self exculpatory statement which is not acceptable in the evidence. Counsel
Patna High Court CR. MISC. No.13722 of 2025(3) dt.16-05-2025 2/3 further submits that on the one hand under the same circumstances, one of the similarly situated co-accused has been allowed regular bail by the Co-ordinate Bench on 30.01.2024 vide Cr. Misc. No. 62776 of 2023 while the application for regular bail of this petitioner has been rejected. Learned counsel also submits that the petitioner is in custody since 06.06.2023. Counsel further submits that on earlier occasion vide order dated 11.04.2025, a report with regard to the present stage of the trial has been called for.
4. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the recovery of weapon used in the crime has been made on the statement of accused persons who disclosed the name of this petitioner in commission of the crime. He further submits that a report regarding stage of the trial has been called for and upon perusal of the same, it transpires that there are altogether four witnesses out of which only one witness has been examined and for the rest of the witnesses, summons have been issued.
5. Speedy trial is the constitutional vision of justice. From the record, it transpires that the present case belongs to Saran at Chapra District. Therefore, Superintendent of Police, Saran at Chapra is hereby directed to do the needful instructing
Patna High Court CR. MISC. No.13722 of 2025(3) dt.16-05-2025 3/3 the concerned SHO/IO of this case to produce the witnesses within three months from the date of production/receipt of a copy of this order.
6. Registry is directed to transmit a copy of this order to the Superintendent of Police, Saran at Chapra through fax, email or any other mode forthwith. Registry is further directed to hand over a copy of this order to learned APP for the State who shall communicate this order to the Superintendent of Police, Saran at Chapra at his level.
7. In this view of the matter, this Court, at present, is not inclined to grant regular bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected. (Dr. Anshuman, J) perwez U T