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Patna High Court

Lalbabu @ Mohammad Lalbabu @ Md. LalbabuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied because the trial was on the verge of conclusion.

Summary

The petitioner, Lalbabu, was charged with murder under Sections 302 and 34 of the Indian Penal Code and unlawful possession of arms under Section 27 of the Arms Act. He applied for regular bail after his statement was recorded under Section 313 of the Criminal Procedure Code. The High Court noted that the trial was on the verge of concluding, as indicated by the Additional Sessions Judge's order dated 02.02.2026. Considering the advanced stage of the proceedings, the Court rejected the bail application. The Court directed the lower court to complete the trial within one month.

Issues considered

  • Whether regular bail can be granted to an accused of murder and arms offences when the trial is near conclusion

Legislation cited

Subjects

  • bail
  • murder
  • common intention
  • arms act
  • criminal procedure
  • trial conclusion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13457 of 2026
                   Arising Out of PS. Case No.-124 Year-2012 Thana- UCHKAGAON District- Gopalganj
                 ======================================================
                 Lalbabu @ Mohammad Lalbabu @ Md. Lalbabu Son of Late Shan Ali
                 Resident of Village- Chotki Piprahi, P.S.- Uchakagaon, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Devika Rani
                 For the State            :      Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   25-02-2026                          Heard the learned counsel for the parties.

                                 2. This is an application for regular bail on behalf

                   of the petitioner for the offences alleged under Sections

                   302/34 of the Indian Penal Code and Section 27 of the Arms

                   Act, registered in connection with Uchakagaon P.S.Case No.

                   124/2012.

                                 3. The trial is on the verge of its conclusion, which

                   transpires from the impugned order of the Addl. Sessions

                   Judge-IX, Gopalganj dated 02.02.2026. The statement of the

                   petitioner was recorded under Section 313 of the CrPC.

                                 4. In view of the fact that the trial is on the verge

                   of its conclusion, the prayer for bail of the petitioner is
           Patna High Court CR. MISC. No.13457 of 2026(2) dt.25-02-2026
                                                       2/2




                     rejected.

                                  5. The learned court below is directed to conclude

                     the trial within one month.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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