Patna High Court

Amarnath SahniversusThe State of Bihar

Decided: 10 April 2026
Disposal: BAIL REJECTED
Bench: PURNENDU SINGH

Holding

The court denied regular bail, directing the trial court to expedite the pending trial.

Summary

Amarnath Sahni applied for regular bail in a case (Patepur PS Case No. 224 of 2018) involving offences under Sections 364 and 120(B) of the Indian Penal Code and Sections 13, 16, 19 and 20 of the U.A.P. Act. The trial court had already issued a report indicating that the trial was at an advanced stage. The High Court, after hearing counsel for both sides, held that because the trial was far advanced, it would not enlarge the petitioner on bail. However, the Court directed the trial court to conclude the trial expeditiously, invoking the petitioner’s right to life and liberty under Article 21 of the Constitution. Consequently, the bail application was disposed of without granting bail.

Issues considered

What is the appropriate exercise of discretion by the court in granting regular bail when the trial is at an advanced stage?

Legislation cited

Indian Penal Code — s. 120(B), 364

Subjects

regular bail
IPC 364
IPC 120B
U.A.P. Act
advanced trial stage
Article 21
right to speedy trial

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.10236 of 2026
                          Arising Out of PS. Case No.-224 Year-2018 Thana- PATEPUR District- Vaishali
                  ======================================================
                  Amarnath Sahni Son of Asheshwar Sahni Resident of Village- Dih Buchauli,
                  P.S.- Jandaha, District- Vaishali

                                                                                       ... ... Petitioner/s
                                                           Versus
                  The State of Bihar
                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s       :        Mr. S. R. P. Baxi Sinha, Sr. Advocate.
                                                      Mr. Shanti Bhushan Singh, Advocate.
                  For the Opposite Party/s :          Mr. Syed Ehteshamuddin, APP.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

3    10-04-2026                       Heard learned counsel appearing on behalf of the

                    petitioner and learned A.P.P. for the State.

                                    2. The petitioner seeks regular bail in connection with

                    Patepur P.S. Case No. 224 of 2018 for the offence punishable

                    under Sections 364/120(B) of the Indian Penal Code and

                    Sections 13, 16, 19 and 20 of the U.A.P. Act.

                                   3. In view of the report dated 07.03.2026 of the

                    learned District Court, it appears that the trial is at advanced

                    stage, as such, I am not inclined to enlarge the petitioner on bail.

                                   4. The trial court is directed to conclude the trial

                    expeditiously considering the right of the petitioner granted

                    under Article 21 of the Constitution of India.

                                   5. The bail application, accordingly, stands disposed

                    of.


                                                             (Purnendu Singh, J)
mantreshwar/-
U

Continue reading with your account

Checking your session…