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Patna High Court

Sudhir Kumar Sah @ Sudhir Kumar Gupta @ sudhir KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail cannot be granted where there is an inordinate fourteen‑year delay and the application has already been dismissed.

Summary

The petitioners sought anticipatory bail fearing arrest in a 2012 case involving offences under sections 147, 148, 149, 323, 324, 307, 506, 379 and 327 of the Indian Penal Code and section 27 of the Arms Act. They filed the petition in 2026, fourteen years after the FIR was lodged, after an earlier anticipatory bail application had been dismissed on 28 November 2025. The State argued that the extreme delay and the prior dismissal precluded any relief. The Court held that such a long lapse and the absence of any new material made it untenable to grant bail. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Can anticipatory bail be granted after a fourteen‑year delay since the FIR?
  • Does a prior dismissal of an anticipatory bail application bar a fresh petition?
  • Is the petitioners' apprehension of arrest sufficient to justify anticipatory bail despite the delay?

Legislation cited

Subjects

  • anticipatory bail
  • delay
  • Indian Penal Code
  • Arms Act
  • criminal procedure
  • bail jurisdiction

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11309 of 2026
                      Arising Out of PS. Case No.-40 Year-2012 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
           1.     Sudhir Kumar Sah @ Sudhir Kumar Gupta @ sudhir Kumar Son of
                  Mohichandra Sah Resident of village- Bhatiniya Ps -Ghorasahan District
                  -East Champaran
           2.    Binod Prasad son of Late Sukhal Sah @ Sukhal Mahato Resident of village-
                 Bhatiniya Ps -Ghorasahan District -East Champaran
           3.    Jitendra Prasad @ Jitendra Sinha son of Late Ram Prasad mahto Resident of
                 village- Bhatiniya Ps -Ghorasahan District -East Champaran
           4.    Atmaram Prasad @ Atmaram Mahto son of Late Mahesh Mahto Resident of
                 village- Bhatiniya Ps -Ghorasahan District -East Champaran
           5.    Bindeshwari Sah Son of Rajeshwar Sah Resident of village- Bhatiniya Ps
                 -Ghorasahan District -East Champaran
           6.    Mahesh Mahto son of Rajendra Mahto Resident of village- Bhatiniya Ps
                 -Ghorasahan District -East Champaran
           7.    Krishna Mahato @ Krishna Prasad Son of Mahanth Mahto Resident of
                 village- Bhatiniya Ps -Ghorasahan District -East Champaran
           8.    Madho Sah @ Madhav Sah son of Mohichandra Sah Resident of village-
                 Bhatiniya Ps -Ghorasahan District -East Champaran
           9.    Raja sah @ Raja Babu Kumar @ Rajababu Sah son of Mohichandra Sah
                 Resident of village- Bhatiniya Ps -Ghorasahan District -East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   08-07-2026                  Heard the parties.

                                2. The petitioners are apprehending their arrest in

                   connection with Ghorasahan P.S. Case No. 40/2012 for the

                   offence under sections 147, 148, 149, 323, 324, 307, 506, 379
          Patna High Court CR. MISC. No.11309 of 2026(4) dt.08-07-2026
                                                      2/2




                    and 327 of the Indian Penal Code and section 27 of the Arms

                    Act lodged on 16.03.2012 by the informant, Vishwnath Sah.

                                 3. At the outset, learned APP for the State submits that

                    the matter is of the year 2012, despite being named, the

                    petitioners have moved before this Court after fourteen long

                    years. He has further taken this Court to the learned Sessions

                    Judge order to show that the anticipatory bail application stood

                    dismissed on 28.11.2025, still, three more months was taken to

                    file the present petition.

                                 4. Considering the aforesaid facts as also the delay in

                    coming to the Court, no relief can be extended.

                                 5. The anticipatory bail application stands rejected.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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