Patna High Court
Lal Saheb RayversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed as there were no fresh grounds and the trial was already underway.
Summary
Lal Saheb Ray was charged under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act for a murder case (Maner PS Case No. 274 of 2024). He applied for bail for the second time after an earlier bail application was rejected. The High Court noted the seriousness of the offences, the fact that the trial had already commenced, and that no new grounds were presented to justify bail. Consequently, the Court upheld its earlier order and dismissed the bail application. The judgment also reiterated that the observations were limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail can be granted to the accused in a murder and conspiracy case when the trial has already commenced and no fresh grounds are shown.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- conspiracy
- arms act
- criminal procedure
- trial
- police protection
- informant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29179 of 2026
Arising Out of PS. Case No.-274 Year-2024 Thana- MANER District- Patna
======================================================
Lal Saheb Ray S/o- Ramjasi Ray R/v- Hira Tola Sherpur Ps- Maner Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ganesh Prasad Yadav, Advocate
For the State : Mr.Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Maner P.S. Case
No. 274 of 2024 registered for the offence under Sections 302,
120(B)/34 of the Indian Penal Code and under Section 27 of the
Arms Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 02.07.2025 passed in Cr. Misc.
No. 6553 of 2025, which reads as under:
“Re-Cr. Misc. No. 6553 of 2025
Heard the learned counsel for the
petitioner, learned counsel for the informant and
learned counsel for the State.
2. The petitioner seeks bail in
connection with Maner P.S. Case No. 274 of
2024 registered for the offence under Section
Patna High Court CR. MISC. No.29179 of 2026(2) dt.07-05-2026
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302, 120(B)/34 of the Indian Penal Code and
under Section 27 of the Arms Act.
3. As per the prosecution case, the
petitioner and others have participated in the
killing of the deceased.
4. There are nine cases pending
against the petitioner and and earlier the father
of the informant was killed and now his uncle
has also been killed by the same set of accused
persons.
5. In that view of the matter, this
application is dismissed.
6. The trial of the petitioner is directed
to be expedited.
7. It has been submitted by the learned
counsel for the informant that the informant is a
eighteen year old boy and he was given police
protection after the killing of his father as he is
an eye witness in that case. Now he is eye
witness of killing of his uncle. It has further been
submitted that the police protection has been
withdrawn two months back.
8. In these circumstances, the Senior
Superintendent of Police, Patna is directed to
restore the police protection of the informant till
the trial of both the cases is completed.
9. Let a copy of this order be
communicated to the Senior Superintendent of
Police, Patna through FAX for its compliance.”
4. Learned counsel for the petitioner submits that the
charges have been framed in the trial.
5. Considering the gravity of the offence, the fact that
the trial has started and no fresh ground for grant of bail is made
out, I am not inclined to review my earlier order.
6. Accordingly, the application stands dismissed.
7. It is, however, clarified that the observations made
Patna High Court CR. MISC. No.29179 of 2026(2) dt.07-05-2026
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herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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