Patna High Court
Sudhir Kumar Sah @ Sudhir Kumar Gupta @ sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 327, 379, 506
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/-
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