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Patna High Court

Lal Bachan SahniversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed.

Summary

Lal Bachan Sahni was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act for a murder case arising from a 2019 police report. The petitioner filed a second bail application in the Patna High Court after an earlier bail denial on 5 March 2024. The State opposed bail, noting that five witnesses had already been examined and the trial was at an advanced stage. Justice Sandeep Kumar considered the seriousness of the offence and the progress of the trial. Concluding that the circumstances did not warrant a revision of the earlier order, the court dismissed the bail application.

Issues considered

  • Whether bail should be granted to the accused given the gravity of the murder charge and the stage of trial
  • Whether the examination of five witnesses justifies denial of bail

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • Arms Act
  • high court
  • trial stage

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.12372 of 2025
                       Arising Out of PS. Case No.-134 Year-2019 Thana- HATHUA District- Gopalganj
                  ======================================================
                  Lal Bachan Sahni Son of Nageshwar Sahni Resident of Vill- Bhawani Chapra,
                  Ersa Tola, P.S.- Sri Rampur, District- Deoria (U.P.)

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr. Kaushal Kumar, Advocate
                  For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

11   09-02-2026                  Heard learned counsel for the petitioner and learned

                    Additional Public Prosecutor for the State.

                              2. This is the second attempt on behalf of the petitioner

                    for grant of bail in connection with Sessions Trial No.03 of

                    2024, arising out of Hathuwa P.S. Case No. 134 of 2019,

                    registered for the offence under Sections 302/34 of the I.P.C.

                    and section 27 of the Arms Act.

                              3. Earlier the bail application of the petitioner has been

                    rejected vide order dated 05.03.2024 passed in Cr. Misc.

                    No.80356 of 2023.

                              4. Mr. Pradeep Narain Kumar, learned APP for the State

                    submits that five witnesses have been examined till date.

                              5. Considering the gravity of the offence and the fact

                    that five witnesses have been examined and stage of trial, I am
             Patna High Court CR. MISC. No.12372 of 2025(11) dt.09-02-2026
                                                         2/2




                       not inclined to review my earlier order.

                                    6. Accordingly, the application stands dismissed.



                                                  (Sandeep Kumar, J)
mdrashid/-

U      T


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