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Patna High Court

Shambhu SahaniversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


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