Patna High Court
Suggan HarijanversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The appeal is dismissed and bail is not granted to the appellant.
Summary
The appellant, Suggan Harijan, was charged under IPC sections 302, 201 and 34 for a murder case (Jagdishpur PS Case No. 119 of 2023). He applied for regular bail under Section 14(A)(2) of the CrPC, but his bail was rejected twice by the trial court. The appellant argued that he had been in custody since May 2023, the trial was delayed, and co‑accused had been granted bail. The trial court report indicated that all witnesses had been examined and the case was awaiting final arguments. The Patna High Court, considering the seriousness of the allegations and the trial stage, refused to enlarge bail, affirmed the lower court’s order, dismissed the appeal, and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to the appellant under Section 14(A)(2) of the CrPC given the nature of the offences (IPC 302, 201, 34) and the stage of trial.
Legislation cited
- Criminal Procedure Code — s. 14(A)(2)
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 201
- IPC 34
- Criminal Procedure Code
- appeal
- trial stage
- Special Judge SC/ST Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1235 of 2026
Arising Out of PS. Case No.-119 Year-2023 Thana- JAGDISHPUR District- Bhagalpur
======================================================
Suggan Harijan Son of Fodari Harijan Resident of village- Harijan Tola
Puraini, Ps- Jagdishpur, Dist- Bhagalpur ... ... Appellant/s
Versus
1. The State of Bihar
2. O.P. Das son of Jhethu Das Resident of village- Harijan Tola, Puraini, Ps-
jagdishpur, Dist- Bhagalpur
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Md. Najmul Hodda, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 25-06-2026 Heard Md. Najmul Hodda, learned counsel for the
appellant as well as Mr. Binay Krishna, learned Spl.P.P. for the
State.
2. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for regular bail by order dated 24.02.2026
passed by the learned Court of Additional District & Sessions
Judge-III-cum-Special Judge / SC/ST Act, Bhagalpur in
connection with Jagdishpur P.S. Case No. 119 of 2023, F.I.R.
dated 08.03.2023 registered under Sections 302, 201 and 34 of
the IPC.
3. Earlier the bail application of the appellant has been
rejected twice vide order dated 30.09.2024 in Cr. Appeal (SJ)
No. 4705 of 2023 and vide order dated 12.12.2025 in Cr. Appeal
(SJ) No. 3790 of 2025.
Patna High Court CR. APP (SJ) No.1235 of 2026(4) dt.25-06-2026
2/2
4. Learned counsel for the appellant submits that the
appellant is in custody since 02.05.2023 and the trial is not in
progress and other accused persons have been granted bail by
this Court and by Co-ordinate Bench of this Court.
5. Vide order dated 07.05.2026 a report was called
with regard to the stage of the trial. Report of the learned trial
court dated 14.05.2026 reveals that all the witnesses have been
examined and the case is pending for final argument.
6. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellant.
7. Considering the nature of allegation as alleged in
the FIR as well as report of the learned trial court, I am not
inclined to enlarge the appellant on bail in connection with
Jagdishpur P.S. Case No. 119 of 2023 pending in the Court of
learned Additional District & Sessions Judge-III-cum-Special
Judge / SC/ST Act, Bhagalpur.
8. Accordingly, the impugned order is affirmed and
this appeal stands dismissed.
9. However, learned trial court is directed to expedite
and conclude the trial at the earliest.
(Rajesh Kumar Verma, J)
Vanisha/-
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