Created by Fuzzy Cloud

Patna High Court

Karan RamversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that regular bail cannot be granted where the offence is murder under Sections 302/34 IPC and Section 27 of the Arms Act, the trial has commenced, and the accused has serious prior criminal antecedents.

Summary

Karan Ram was arrested on 30 September 2023 in connection with a murder case under Sections 302 and 34 of the Indian Penal Code and for an offence under Section 27 of the Arms Act. The FIR was lodged based on the brother of the deceased, and subsequently the wife of the deceased and an independent witness identified the petitioner as one of the assailants. The petitioner sought regular bail, arguing that the trial had progressed slowly with only one of eight witnesses examined. The State opposed the bail, highlighting the seriousness of the charges and the petitioner’s prior criminal antecedents, including earlier murder and extortion cases. The Court, emphasizing the gravity of the offences, the commencement of trial, and the petitioner’s criminal history, rejected the bail application and ordered the police to ensure attendance of the remaining witnesses.

Issues considered

  • Whether regular bail can be granted to an accused of murder and arms offences given the gravity of the crime
  • Whether delay in trial warrants the grant of bail
  • Whether prior criminal antecedents preclude the grant of bail

Legislation cited

Subjects

  • bail
  • murder
  • Indian Penal Code
  • Arms Act
  • trial delay
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16369 of 2025
                   Arising Out of PS. Case No.-341 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
                 Karan Ram S/O Vinod Ram R/o village - Ganguli , p.s.- Aurai, District -
                 Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dharmendra Kumar Singh
                 For the Opposite Party/s :       Mr.Abhay Kumar Roy
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   09-02-2026                    Heard the parties.

                                 2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Runnisaidpur P.S. Case

                   No. 341 of 2023 registered for the offence under Sections

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

                   Arms Act. Earlier the bail application of the petitioner was

                   rejected vide order dated 31.07.2024 passed in Cr. Misc. No.

                   29067 of 2024 which reads as under:-

                                               Heard the learned counsel for the
                                   petitioner and learned APP for the State.
                                               2. The petitioner seeks regular bail in the
                                   present case registered for the offence under
                                   Sections 302/34 of the Indian Penal Code.
                                               3. The F.I.R. was registered against
Patna High Court CR. MISC. No.16369 of 2025(5) dt.09-02-2026
                                             2/3




                          unknown for the murder of the deceased. The
                          informant is the brother of the deceased.
                          Subsequently, the wife of the deceased and an
                          independent witness have identified the petitioner
                          as one of the assailants of the deceased.
                                       4. Learned counsel for the petitioner
                          submits that petitioner is in jail since 30.09.2023. 5
                                       5.    Learned       A.P.P.    has   vehemently
                          opposed the prayer for bail and has submitted that
                          Petitioner        has    criminal         antecedent/s   also
                          including the cases of murder and extortion.
                                       6. Considering the aforesaid facts and
                          circumstances, I am not inclined to grant bail to
                          the petitioner. Accordingly, this application for
                          regular bail is hereby rejected.
                       3. In the trial, one witness has been examined out of

          eight witnesses and learned counsel for the petitioner prays for

          bail on the ground of delay in the trial as the petitioner is in

          custody since 30.09.2023.

                       4. Considering the gravity of the offence and the fact

          that the trial has started, I am not inclined to review my earlier

          order.

                       5. Accordingly, this application is dismissed.

                       6. The Superintendent of Police, Sitamarhi is directed

          to ensure the attendance of the witnesses in the trial on the dates

          fixed in the trial.
          Patna High Court CR. MISC. No.16369 of 2025(5) dt.09-02-2026
                                                      3/3




                                 7. Let a copy of this order be communicated to the

                    Superintendent of Police, Sitamarhi through FAX for its

                    compliance.



                                                                (Sandeep Kumar, J)
Vikas/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.