Patna High Court
Akash ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRAVEEN KUMAR
Holding
The High Court denied the application for regular bail.
Summary
The petitioners, Akash Chaudhary and Bablu Chaudhary, were charged under Sections 302 and 34 of the Indian Penal Code for alleged murder and conspiracy. They filed an application for regular bail before the Patna High Court, having previously been denied bail on 10 September 2024. The trial court report indicated that the case was at the stage of recording statements under Section 313 of the Criminal Procedure Code, with all witnesses already examined and the trial expected to conclude within three to four months. The High Court considered the seriousness of the offences, the stage of the investigation, and the trial court’s report. Consequently, the Court rejected the bail application and directed the trial court to expedite the trial within a stipulated period. The decision underscores the Court’s discretion to deny bail in serious offences when the investigation is substantially complete.
Issues considered
- Whether regular bail should be granted to accused persons charged with murder (Section 302 IPC) and conspiracy (Section 34 IPC) at the stage of recording statements under Section 313 CrPC.
Legislation cited
- Criminal Procedure Code — s. 313
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- conspiracy
- IPC
- CrPC
- high court
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27151 of 2026
Arising Out of PS. Case No.-223 Year-2023 Thana- SALAKHUA District- Saharsa
======================================================
1. Akash Chaudhary S/o Kailu Chaudhary R/o vill - Bangama, P.S.- Salkhua,
Distt.- Saharsa
2. Bablu Chaudhary S/o Kailu Chaudhary R/o vill - Bangama, P.S.- Salkhua,
Distt.- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 13-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have preferred this application for
grant of regular bail in connection with Salkhua P.S. Case No.
223 of 2023 registered for the offences punishable under
Sections 302, 34 of the I.P.C.
3. The prayer for bail of this petitioner was earlier
rejected by order dated 10.09.2024. Trial court report was called
for by order dated 21.04.2026, pursuant to which a report from
the trial court has been received and as per the said report the
case is currently at the stage of recording the statement of the
accused under Section 313 Cr.P.C., all the witnesses have been
Patna High Court CR. MISC. No.27151 of 2026(3) dt.13-05-2026
2/2
examined and the matter may be disposed of within 3 to 4
months.
4. Taking into consideration of the entire facts and
circumstances of the case and also report from the trial court.
The prayer for bail of this petitioner is rejected. The trial court is
directed to conclude the trial preferably within a stipulated
period as mentioned in this report.
(Praveen Kumar, J)
niku/-
U T
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