Mahendra Mahto v. The State Of Bihar

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 25-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. 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.

3. 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.

4. 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

5. 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.

6. 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/- U T