Patna High CourtCR. MISC./85834/2023bail rejected

Bambam Mahton v. The State Of Bihar

2025-01-17Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85834 of 2023 Arising Out of PS. Case No.-73 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Bambam Mahton Son Of Late Horil Mahto R/O Village- Samsa, P.S.- Nowkothi, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt of the petitioner to seek bail from this Court in connection with Nawkothi P.S. Case No. 73 of 2020 (Sessions Trial No. 443 of 2021), registered for the alleged offences under Sections 302, 307, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act as his prayer for bail was earlier rejected vide order dated 24.08.2022 passed in Cr. Misc. No. 71529 of 2021.

3. As per prosecution case, the allegation against the petitioner and other co-accused persons is that of causing death of the mother of the informant.

4. A report was also called for from the learned trial court, wherein it has been submitted that on 12.09.2024 the

Patna High Court CR. MISC. No.85834 of 2023(11) dt.17-01-2025 2/2 statement of the accused persons was recorded under Section 313 of the Code of Criminal Procedure and on 25.09.2024 the evidence of the defence was closed. Thereafter, the matter has been coming at the stage of argument of defence. Learned trial court has also submitted that the matter is being taken up on day-today basis for disposal.

5. Learned counsel for the petitioner submits that the petitioner is in custody since 05.12.2020 and some of the coaccused persons have been granted bail by this Court as well as other Co-ordinate Benches. Learned counsel further submits that considering the period of custody of the petitioner, the prayer for bail of the petitioner may be considered.

6. Since the matter is at the fag end and I find no new ground to take a different view for consideration of prayer for bail of the petitioner, the present petition is dismissed and prayer for bail is rejected.

(Arun Kumar Jha, J) DKS/- U T