Mantun Mahto @ Mantun Sah @ Montun Show v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50424 of 2025 Arising Out of PS. Case No.-122 Year-2005 Thana- BIBHUTIPUR District- Samastipur ====================================================== Mantun Mahto @ Mantun Sah @ Montun Show Late Brahmdeo Mahto @ Brahmdev Sah @ Ramdeo Show Village- Boriya P.S-Bibhutipur DistrictSamastipur, A/P- Village- Joypur Gopmahal Ps- Matiya Dist- North 24 Parganas, W.B.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-10-2025 Heard the learned Senior counsel for the petitioner and Mr. Jharkhandi Upadhyay, the learned APP for the State.

2. The petitioner seeks regular bail in connection with Bibhutipur P.S. Case No. 122 of 2005 registered for the offence under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and others are accused of firing at the deceased and killing the deceased.

4. The learned Senior counsel for the petitioner has submitted that the Trial has started and two witnesses have been examined. He further submits that the last witness was

Patna High Court CR. MISC. No.50424 of 2025(4) dt.15-10-2025 2/2 examined in February 2025 and thereafter no witness has been examined. The petitioner is in custody since 02.05.2024. He further submits that since the trial is being delayed, therefore, the petitioner deserves bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.

6. Since the petitioner is one of the assailants of the deceased, this Court is not inclined to grant regular bail to the petitioner as the trial has started. Accordingly, this application for regular bail stands rejected.

7. The Superintendent of Police, Samastipur is directed to ensure the presence of the witnesses in the trial on the dates fixed.

8. Let a copy of this order be communicated to the Superintendent of Police, Samastipur through FAX for its compliance forthwith.

(Sandeep Kumar, J) Shishir/- U T