Baban Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91635 of 2025 Arising Out of PS. Case No.-407 Year-2024 Thana- BIKRAM District- Patna ====================================================== Baban Mahto S/o Late Briksh Mahto Resident of Village- Milki, P.S.- Bikram, District- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Patanjali Rishi For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-02-2026 Heard the learned counsel for the petitioner and the learned APP for the State.
2. This is the 2nd attempt of the petitioner. The petitioner seeks bail in connection with Bikram P.S. Case No. 407 of 2024, registered for the offence under Sections103(1) and 3(5) of the B.N.S.
3. Earlier the bail application of the petitioner was rejected on 13.05.2025 in Cr. Misc. No. 14262 of 2025 which reads as follows:- "Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with Bikram P.S. Case No. 407 of 2024 registered for the offence punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
Patna High Court CR. MISC. No.91635 of 2025(3) dt.26-02-2026 2/2
3. The petitioner and others are given 22 wounds and killed the deceased over a trivial dispute. The petitioner is in custody since 27.09.2024.
4. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.
5. Considering the nature of allegation, I am not inclined to grant bail to the petitioner.
6. Accordingly, the application stands dismissed for the present."
4. The trial court is directed to frame the charge at the earliest.
5. Considering the contention of petitioner that petitioner is suffering from heart ailment, the Jail Superintendent, Beur Jail, is directed to get the petitioner treated in I.G.I.C./P.M.C.H./IGIMS/AIIMS/ Jay Prabha Medanta Super Specialty Hospital, Patna.
7. In view thereof, this application is dismissed. (Sandeep Kumar, J) Ranjeet/- U T