Created by Fuzzy Cloud

Patna High Court

Sunil Kumar Chaurasia @ Shuneel Kumar ChaurasiaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that there is no ground to review the earlier bail refusals and therefore denied the petitioner's application for regular bail.

Summary

The petitioner, Sunil Kumar Chaurasia, was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act for the alleged murder of a husband and wife. He had been in custody since May 4, 2023 and had previously applied for bail twice, both of which were rejected by the trial court. The petitioner argued that he had been detained for an extended period and sought regular bail, while the prosecution contended that material evidence linked him to the crime. The Patna High Court examined whether there were any grounds to review the earlier bail refusals and whether the circumstances warranted release on bail. Finding no merit in a review and noting the seriousness of the offences, the Court upheld the earlier orders and denied bail. The Court also directed the trial court to expedite the trial and ensure proper recording of evidence.

Issues considered

  • Whether the petitioner is entitled to regular bail in a murder case under Sections 302/34 IPC and Section 27 Arms Act.
  • Whether there exists any ground to review the earlier orders rejecting bail.
  • Whether the evidence and circumstances justify the denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • Indian Penal Code
  • Arms Act
  • review
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28675 of 2025
                 Arising Out of PS. Case No.-101 Year-2023 Thana- NAYA RAM NAGAR District- Munger
                 ======================================================
                 Sunil Kumar Chaurasia @ Shuneel Kumar Chaurasia S/o- Faudari Mandal
                 Village- Baraichak Patam, P.S. Naya Ramnagar, District- Munger

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. PN Shahi, Sr. Advocate
                                                     Mr. Patanjali Rishi
                 For the Opposite Party/s :          Ms. Asha Devi
                                                     Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   27-02-2026                   Heard the learned Senior counsel for the petitioner

                   and the learned APP for the State.

                                 2. This is the 3rd attempt of the petitioner seeking bail

                   in connection with Naya Ramnagar P.S. Case No. 101 of 2023

                   registered for the offence under Sections 302/34 of the Indian

                   Penal Code and Section 27 of the Arms Act.

                                 3. Earlier the bail application of the petitioner was

                   rejected twice: first on 07.12.2023 in Cr. Misc. No. 67162 of

                   2023 and second on 02.08.2024 in Cr. Misc. No. 45921 of 2024.

                   The order dated 02.08.2024 passed in Cr. Misc. No. 45921 of

                   2024 reads as follows:-

                                                           Heard learned senior counsel for the
                                              petitioner; Shri Ramakant Sharma and learned APP for
                                              the State.
                                                           2. This is the 2nd attempt of the petitioner.
Patna High Court CR. MISC. No.28675 of 2025(7) dt.27-02-2026
                                            2/3




                                  Earlier the bail application of the petitioner was rejected
                                  vide order dated 07.12.2023 passed in Cr. Misc. No.
                                  67162 of 2023.
                                                  3. The petitioner seeks regular bail in a case
                                  registered for the offence under Sections 302/34 of the
                                  Indian Penal Code and Section 27 of the Arms Act.
                                                  4. The following order was passed on
                                  07.12.2023 passed in Cr. Misc. No. 67162 of 2023:-
                                           Heard the learned counsel for the petitioner and
                                              learned APP for the State.
                                           2. The petitioner seeks bail in connection with
                                              Naya Ramnagar P.S. Case No. 101 of 2023
                                              registered for the offence under Sections
                                              302/34 of the Indian Penal Code and Section
                                              27 of the Arms Act.
                                           3. As per the prosecution, one husband and wife
                                              were killed by unknown criminals. During
                                              investigation it has come that the petitioner
                                              was in relationship with the deceased (Sunita
                                              Kumari). After breakup, this petitioner got her
                                              killed. Materials have also come during
                                              investigation to connect the petitioner with
                                              the crime.
                                           4. Learned counsel for the petitioner submits
                                              that thepetitioner is in custody since
                                              04.05.2023.
                                           5. Considering the aforesaid facts and
                                              circumstance, as mentioned above, this court
                                              is not inclined to grant bail to the petitioner.
                                           6. Accordingly, the prayer of bail of the
                                              petitioner is rejected herewith.
                                           7. The trial court is directed to expedite the case
                                              as there is no sufficient progress in the trial.
                                              The petitioner may move for regular bail.
                                                  5. No ground for review is made out.
                                                  6. Accordingly, this application for regular
                                  bail is hereby rejected.
                                                  7. The court below is directed to expedite
                                  the trial of the petitioner.



                       4. This Court finds no ground to review its earlier

          order. Accordingly, this application for regular bail stands

          rejected.

                       5. The Principal District & Sessions Judge, Munger, is
            Patna High Court CR. MISC. No.28675 of 2025(7) dt.27-02-2026
                                                        3/3




                      directed to ensure that evidence is recorded by the Incharge

                      Court in the event the presiding Court is absent, so that the

                      petitioner does not suffer.

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

                      Principal District & Sessions Judge, Munger through FAX or e-

                      mail for immediate compliance.



                                                              (Sandeep Kumar, J)
Shishir/-

U


Continue reading with your account

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

Sign in to read

Checking your session…

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