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Patna High Court

Raj Kumar Sahani @ BalakversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

Holding

The application for regular bail was dismissed.

Summary

Raj Kumar Sahani was charged under Sections 302, 34 and 120B of the Indian Penal Code for a murder case. He filed his third application for regular bail before the Patna High Court while the trial was ongoing and five witnesses had already been examined. The petitioner argued that bail should be granted as the trial was progressing. The Court observed that the trial was still in progress and, considering the seriousness of the offences, was not inclined to grant bail. Consequently, the bail application was dismissed and the trial court was directed to expedite the proceedings.

Issues considered

  • Whether regular bail should be granted to an accused in a murder case (IPC 302) with sections 34 and 120B when the trial is underway and witnesses have been examined.

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • criminal conspiracy
  • regular bail
  • trial proceedings
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17187 of 2025
                       Arising Out of PS. Case No.-208 Year-2022 Thana- DANAPUR District- Patna
                 ======================================================
                 Raj Kumar Sahani @ Balak S/O Nunnu Lal Sahani R/O Village- Balwa
                 Chakdah, P.S- Goshwari, Dist.- Patna. At Present residing at Kurji Balupar,
                 Rented House of Ashok Choudhary, P.S- Digha, Distt.- Patna.

                                                                                  ... ... Petitioner/s
                                          Versus
                 THE STATE OF BIHAR GOVERNMENT OFFICE

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Narayan Singh
                 For the Opposite Party/s :       Mr.Ramesh Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   09-02-2026                  Heard the parties.

                                2. This is the third attempt of the petitioner for grant

                   of regular bail in connection with Sessions Trial No. 913 of

                   2022 arising out of Danapur P.S. Case No. 208 of 2022

                   registered for the offence under Sections 302/34/120B of the

                   Indian Penal Code.

                                3. It has very fairly been submitted by the learned

                   counsel for the petitioner that in the trial five witnesses have

                   already been examined.

                                4. In view of the fact that the trial is progressing, this

                   Court is not inclined to grant bail to the petitioner.

                                5. Accordingly, this application is dismissed.
          Patna High Court CR. MISC. No.17187 of 2025(7) dt.09-02-2026
                                                      2/2




                                 6. The trial Court is directed to expedite the trial of

                    the petitioner and conclude the same at the earliest.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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