Rakesh Mahto @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69793 of 2025 Arising Out of PS. Case No.-206 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Rakesh Mahto @ Rakesh Kumar Son of Bhultu Mahto R/O Vill- Khawa Chandar Tola, P.S.- Mednichowki, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Sahay, Advocate Mr. Umesh Prasad , Advocate For the Opposite Party/s :
Mr. Pradeep Narain Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner and the learned A.P.P. for the State .
2. Petitioner seeks regular bail in a case registered for the offences punishable under Sections 103 (1) , 238 and 3 (5) of BNS.
3 . As per the prosecution case , informant namely, Kanno devi alleged that on 15.09.2024 , at about 3 PM, this petitioner along with other F.I.R, named accused persons came to the house of informant and had called her husband and taken him along with them but husband of the informant did not come back home and thereafter, informant suspects the complicity of all the accused persons including this petitioner in causing the death of her husband.
Patna High Court CR. MISC. No.69793 of 2025(3) dt.25-11-2025 2/3
4. Learned counsel for the petitioner submitted that petitioner has been made accused in this case only on the basis of suspicion . He further submitted that similarly situated coaccused person Raja Mahto has already been granted bail by Co-ordinate Bench of this Hon'ble Court vide order dated 22.08.2025 in Cr. Misc. No. 52748 of 2025 . Petitioner is in custody since 24.03.2025 .
5 . However, learned A.P.P. for the State vehemently opposed the bail application and submitted that petitioner is named in the F.I.R. and during course of investigation , on the confession of this petitioner the dead body of the deceased was recovered and as such, petitioner cannot claim parity with the other co-accused persons.
6. Considering the nature of accusation and other circumstances of the case , prayer for bail of the petitioner is refused. However, since petitioner is in custody since 24.03.2025 , learned Trial Court is directed to expedite and conclude the trial, within the period of one year from the date of receipt/production of copy of this order.
(Prabhat Kumar Singh, J) Koushik/- U T
Patna High Court CR. MISC. No.69793 of 2025(3) dt.25-11-2025 3/3