Patna High Court
Md.Hasan @Md. Hasan Arshad @ Chhotu @ Hasan ArshadversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The appeal is dismissed; the appellant is not entitled to bail.
Summary
The appellant, Md. Hasan Arshad, was charged under IPC sections 302, 120(B) and 34, and under sections 3(2)(v)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for a murder case (Korha P.S. Case No. 49 of 2023). His bail applications had been rejected twice, and he appealed under Section 14(A)(2) of the CrPC against the refusal of regular bail. The appellant argued innocence and pointed to a co‑accused who had been granted bail in a similar case. The trial court report showed that all prosecution witnesses had been examined and the trial was awaiting defense witness examination. The High Court, considering the seriousness of the offences, the stage of the trial, and the lack of compelling reasons to grant bail, affirmed the lower court’s order and dismissed the appeal, directing the trial court to expedite the proceedings.
Issues considered
- Whether the appellant is entitled to regular bail under Section 14(A)(2) of the CrPC in a murder and SC/ST Act case.
- Whether the stage of trial and examination of prosecution witnesses preclude the grant of bail.
Legislation cited
- Criminal Procedure Code — s. 14(A)(2)
- Indian Penal Code — s. 120B, 302, 34
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(2)(v)(va)
Subjects
- bail
- murder
- criminal conspiracy
- SC/ST Act
- scheduled caste
- Criminal Procedure Code
- high court appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2289 of 2025
Arising Out of PS. Case No.-49 Year-2023 Thana- KORHA District- Katihar
======================================================
Md.Hasan @Md. Hasan Arshad @ Chhotu @ Hasan Arshad S/O Hasan Saeed
Resident Of Village -Morsanda, Ps- Falka, Distt.- Katihar
... ... Appellant/s
Versus
1. The State of Bihar
2. Manoj Kumar Son of Late Raj Kumar Das Resident of Village- Faridpur Das
Tola, P.S.- Jamalpur,Distt.- Munger
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mrs. Nivedita Nirvikar, Sr.Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
For the Resp. No.2 : Ms. Moni Kmari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
10 25-06-2026 Heard Mrs. Nivedita Nirvikar, learned senior
counsel for the appellant, Ms. Moni Kumari, learned counsel
appearing on behalf of the Respondent No. 2 as well as Mrs.
Usha Kumari 1, 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 10.02.2025
passed by the learned Court of District and Additional Sessions
Judge-I-cum-Special Judge, SC/ST Act-cum-Children Court,
Katihar in connection with Korha P.S. Case No. 49 of 2023,
F.I.R. dated 09.02.2023 registered under Sections 302, 120(B),
34 of the Indian Penal Code and Sections 3(2)(v)(va) of the
Scheduled Castes and Scheduled Tribes (POA) Act.
Patna High Court CR. APP (SJ) No.2289 of 2025(10) dt.25-06-2026
2/3
3. Earlier the bail application of the appellant has been
rejected twice vide orders dated 11.01.2024 and 22.11.2024 in
Cr. appeal(SJ) No-3255 of 2023 and Cr. Appeal(SJ) No. 3302 of
2024.
4. Learned counsel for the appellant submits that
appellant is innocent and he has falsely been implicated in the
present case. She next submits that similarly situated co-accused
person, namely, Md. Sajjad @ Mohammad Sajjat @ Rokky has
been granted the privilege of bail by the this Court vide order
dated 28.06.2024 in Cr. Appeal(SJ) 4554 of 2023.
5. Vide order dated 10.07.2025 a report was called
with regard to stage of the trial. Report of the learned Trial
Court dated 28.02.2026 reveals that all prosecution witnesses
have been examined and the case is pending for examination of
defense witnesses.
6. Learned counsel appearing on behalf of the
Respondent No. 2 as well as learned Special Public Prosecutor
for the State have vehemently opposed the prayer for bail of the
appellant.
7. Considering the facts and circumstances of the case
as well as report of the Trial Court, I am not inclined to enlarge
the appellant on bail in connection with Korha P.S. Case No. 49
Patna High Court CR. APP (SJ) No.2289 of 2025(10) dt.25-06-2026
3/3
of 2023, pending in the court of learned District and Additional
Sessions Judge-I-cum-Special Judge, SC/ST Act-cum-Children
Court, Katihar.
8. Accordingly, the impugned order is affirmed and
this appeal stands dismissed.
9. However the learned Trial Court is directed to
expedite the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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