Bindeshwari Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54759 of 2025 Arising Out of PS. Case No.-273 Year-2023 Thana- JADIA District- Supaul ====================================================== 1.

Bindeshwari Mehta S/O Hiyalal Mehta R/O Village- Fulkaha, P.S- Jadia, Dist.- Supaul.

2.

Manoj Mehta S/O Chandeshwari Mehta R/O Village- Fulkaha, P.S- Jadia, Dist.- Supaul.

3.

Ramesh Kumar Mehta @ Ramesh Mehta S/O Chandeshwari Mehta R/O Village- Fulkaha, P.S- Jadia, Dist.- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioner seeks bail in connection with Jadia P.S. Case No. 273 of 2023, S.T. No. 143 of 2024 instituted for the offences under Sections 147, 148, 149, 302, 354, 504, 506 of the Indian Penal Code.

3. Earlier vide order dated 26.10.2024 passed in Cr. Misc. No. 64945 of 2024 the prayer for grant of bail to the petitioners was rejected considering the specific allegation against the petitioners.

4. Prosecution case, in short, is that when the

Patna High Court CR. MISC. No.54759 of 2025(3) dt.19-09-2025 2/3 informant was coming with her husband, all the FIR named accused persons assaulted the husband of the informant by means of lathi, fatta and iron rod, leading to his death.

5. Learned counsel for the petitioners submitted that this is the second attempt of the petitioners for grant of bail. He further submitted that petitioners have been languishing in jail since 03.11.2023 and there is no significant progress in the trial and there is no likelihood of conclusion of trial in near future and therefore, petitioners may be released on bail. Learned counsel further submitted that petitioner no. 1 is aged about 71 years and is suffering from several old age ailments. It has been submitted on behalf of the petitioners that the petitioners have one criminal antecedent.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. As per the report dated 20.08.2025 sent by the learned Trial Court, out of nine charge-sheeted witnesses, five witnesses have been examined and trial is likely to be concluded in the next six months.

8. Having considered the submissions made on behalf of the parties, this Court is inclined to grant bail to the petitioner no.1 taking into account his old age. So far as petitioner nos. 2

Patna High Court CR. MISC. No.54759 of 2025(3) dt.19-09-2025 3/3 and 3 are concerned, this Court finds no fresh ground to reconsider the matter which has already been decided on merit by this Court and hence, this Court is not inclined to grant bail to the petitioner nos. 2 and 3.

9. Accordingly, the prayer for grant of bail to the petitioner nos. 2 and 3 is, hereby, rejected.

10. Let the petitioner no. 1 be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jadia P.S. Case No. 273 of 2023, S.T. No. 143 of 2024.

11. Learned Trial Court is directed to expedite the trial.

12. However, liberty is granted to the petitioners to renew the prayers for grant of bail before the Trial Court if the trial is not concluded within a period of four months from today. (Rudra Prakash Mishra, J) Alok Verma/- U T