Patna High Court
Karan RamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
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
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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
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