Patna High Court
Shambhu SahaniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that given the gravity of the offences and the commencement of trial, regular bail could not be granted.
Summary
Shambhu Sahani was charged under Sections 364 and 302/34 of the Indian Penal Code for allegedly killing a chowkidar who opposed their illegal activities in a river. The petitioner applied for regular bail for the second time after his earlier bail plea was rejected. The State opposed the bail, emphasizing the seriousness of the offences. The High Court noted that the charges had been framed, the trial had already commenced, and the nature of the alleged crimes was grave. Consequently, the court found no basis to revisit its earlier order and dismissed the bail application, directing the lower court to expedite the trial and allowing a fresh bail petition if the trial is delayed.
Issues considered
- Whether regular bail can be granted to an accused when the trial for murder and dacoity has already commenced
- Whether the earlier order denying bail can be reviewed in light of the trial’s progress
Legislation cited
- Indian Penal Code — s. 302, 34, 364
Subjects
- regular bail
- murder
- dacoity
- Indian Penal Code
- high court
- criminal procedure
- trial commencement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32544 of 2025
Arising Out of PS. Case No.-246 Year-2022 Thana- MOHAMMADPUR District- Gopalganj
======================================================
Shambhu Sahani S/o Late Saryug Sahani R/o vill - Dhekaha, Teliya Tola, P.s.
- Kesariya, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Kaushlendra
For the Opposite Party/s : Mr. Mukesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Sessions Trial No. 704 of
2024 arising out of Mohammadpur P.S. Case No. 246 of 2022
registered for the offence under Sections 364, 302/34 of the
Indian Penal Code. Earlier the bail application of the petitioner
was rejected vide order dated 02.04.2024 passed in Cr. Misc.
No. 19379 of 2024 which reads as under:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks bail in connection
with Mohammadpur P.S. Case No. 246 of 2022
registered for the offence punishable under
Sections 364 and 302/34 of the Indian Penal Code.
3. The petitioner and other accused
Patna High Court CR. MISC. No.32544 of 2025(5) dt.10-02-2026
2/2
persons are said to have killed the deceased after
the deceased, who was a Chowkidar, objected to
their illegal acts in the river. The petitioner is the
main accused in the case.
4. Learned APP appearing for the State
opposes the prayer for regular bail of the
petitioner.
5. Considering the nature of allegation, I
am not inclined to grant bail to the petitioner.
6. Accordingly, the application stands
dismissed.
7. The Court below is directed to
expedite the trial.
8. If the trial is delayed, the petitioner
may renew his prayer for bail.
3. It has very fairly been submitted by the learned
counsel for the petitioner that the charges have been framed in
this case and the trial has started.
4. Considering the gravity of the offence and the fact
that the trial has started, this court finds no ground to review its
earlier order.
5. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…