Surendra Mahto @ Surendra Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33295 of 2025 Arising Out of PS. Case No.-360 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== Surendra Mahto @ Surendra Kumar Mahto S/o Chandarma Mahto R/o Village- Bathua, P.S.- Manjhagrah, District- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amir Alam, Advocate For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-08-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of regular bail to the petitioner who is in custody in connection with Manjhagrah P.S. Case No. 360 of 2022, lodged on 17.11.2022, under Sections 341/323/324 /325 / 307/354/504/506/34 of the Indian Penal Code. Later on offence under Section 302 of the Indian Penal Code was added.

3. Learned Counsel for the petitioner submits that earlier regular bail application of the petitioner was rejected vide order dated 14.08.2024 passed in Cr. Misc. No.23373 of 2024 by this Hon'ble Court.

Patna High Court CR. MISC. No.33295 of 2025(3) dt.08-08-2025 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that during investigation this material has come that one Sikendar Mahto has made farsa blow due to which death has been caused. He submits that in the FIR there are six accused persons and bail has been granted to three similarly situated coaccused persons.

5. Learned APP for the State, on the other hand, opposes the prayer for bail of the petitioner and submits that in the rejection order it has been categorically observed by this Court that there is direct allegation of farsa blow on the head and due to this injury the injured died.

6. In this background, this Court is not inclined to grant regular bail to the petitioner. Hence, the prayer for regular bail of the petitioner is hereby refused.

7. Since speedy trial is the constitutional vision of justice, therefore, the Superintendent of Police, Gopalganj, is hereby directed to do the needful either himself or through his S.H.O./I.O. to adduce evidence of rest witnesses in this case at the earliest so that Trial may be concluded within six months from today.

8. Registry is directed to communicate the

Patna High Court CR. MISC. No.33295 of 2025(3) dt.08-08-2025 3/3 Superintendent of Police, Gopalganj, through Email/WhatApp/Fax or any mode of communication forthwith and one copy of this order be also handed over to Dr. Indiwar Kumari, Additional Public Prosecutor, so that APP shall communicate this order to the Superintendent of Police, Gopalganj, at her level.

(Dr. Anshuman, J) Mkr./- U T