Patna High Court
Binod SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court denied the petitioner's bail application.
Summary
The petitioner, Binod Sah, applied for regular bail in a murder case (Sadar P.S. Case No. 833 of 2024) alleging offences under Sections 103(1), 109 and 3(5) of the B.N.S. and Section 27 of the Arms Act. The prosecution contended that the petitioner supplied a pistol to a co‑accused who then fired at two victims, causing their deaths. The petitioner claimed he merely handed over the weapon, did not fire, has no criminal record, and has been in judicial custody since 31‑01‑2025. The State opposed bail, noting that the trial is at its final stage with all prosecution and defence witnesses examined. The High Court, observing that the trial is near completion, rejected the bail application but permitted a fresh petition after two months if the trial remains pending, and directed the trial court to conclude the trial within two months.
Issues considered
- Whether bail should be granted to the petitioner at the final stage of a murder trial.
- Whether the petitioner’s alleged role of merely supplying the weapon justifies bail despite the seriousness of the offence.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- murder
- judicial custody
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16959 of 2026
Arising Out of PS. Case No.-833 Year-2024 Thana- MUZAFFARPUR SADAR District-
Muzaffarpur
======================================================
Binod Sah S/O Ramlal Sah R/O Vill- Patahi Hari, P.s-Sadar, Dist-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Kumar Pandey, Advocate
For the Informant : Mr. Anunay Shahi, Advocate
For the State : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 23-06-2026 Heard learned counsel for the petitioner, learned counsel
for the informant and learned APP for the State.
2. The petitioner has prayed for bail in connection
with Sadar P.S. Case No. 833 of 2024 registered for the offence
punishable under Sections 103(1), 109 and 3(5) of B.N.S. and
Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner has handed over the pistol to one co-accused Amar
Kumar. After that, he fired at Rohit Kumar and Janaki Devi. Both
succumbed to the injuries.
4. It is submitted by learned counsel for the petitioner
that petitioner is innocent and has committed no offence. He has
been falsely implicated in the present case. Leaned counsel for the
petitioner has submitted that only role of the petitioner in this case
Patna High Court CR. MISC. No.16959 of 2026(4) dt.23-06-2026
2/2
is that is of giving the arm to the co-accused. No allegation of
firing is against him. He is having no criminal antecedent and he
is languishing in judicial custody since 31.01.2025.
5. Learned APP appearing for the state and learned
counsel for the informant have vehemently opposed the prayer of
regular bail. Learned counsel for the informant has submitted that
in this case, a report regarding stage of trial was called from the
learned trial Court. From perusal of report of learned trial Court, it
will transpire that in this case, all the prosecution witnesses have
been examined and the statement of the accused persons under
Section 351 of the B.N.S.S. has also been recorded. Even one
defence witness has also been adduced by the defence.
6. Having heard the learned counsel for the parties and
considering the fact that as the trial is at its fag end, this court is
not inclined to enlarge the petitioner on bail at this stage and, as
such, his prayer for bail stands rejected.
7. However, petitioner may renew his prayer for bail
after two months if the trial is not concluded.
8. Learned trial Court is directed to conclude the trial
within two months.
(Ashok Kumar Pandey, J)
lata/-
U T
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