Patna High Court
Jitendra DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted and dismissed the application.
Summary
The petitioner, Jitendra Das, applied for regular bail in a case registered under Section 302/34 of the Indian Penal Code for the murder of the informant’s father. The prosecution alleged that the victim died from injuries inflicted by unknown assailants. The trial record shows that only one of the five charge‑sheeted witnesses has been examined so far. Considering the seriousness of the murder charge and the fact that the trial is ongoing, the court found no sufficient ground to overturn its earlier order denying bail. Consequently, the bail application was dismissed, and the trial judge was directed to grant short adjournments and expedite the trial, with the Superintendent of Police instructed to ensure witness attendance.
Issues considered
- Whether regular bail can be granted in a murder case under Section 302/34 IPC given the gravity of the offence and the stage of trial.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- Section 34
- trial management
- witness attendance
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32906 of 2025
Arising Out of PS. Case No.-281 Year-2023 Thana- MAHNAR District- Vaishali
======================================================
Jitendra Das S/o Surendra Das R/o Vill- Desrajpur, P.S.- Mahnar, Distt-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vasant Vikas
For the Opposite Party/s : Mr.Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Mahnar P.S. Case No. 281 of
2023 registered for the offence under Section 302/34 of the
Indian Penal Code.
3. As per the prosecution case, the father of the
informant was assaulted by unknown persons who succumbed
to his injuries.
4. From the report of the Incharge District and
Additional Sessions Judge-VIII, Vaishali at Hajipur dated
3.11.2025, it appears that out of five charge-sheeted witnesses,
one witness has already been examined in the trial.
5. Considering the gravity of the offence and the fact
that the trial is progressing, this court finds no ground to review
Patna High Court CR. MISC. No.32906 of 2025(4) dt.10-02-2026
2/2
its earlier order.
6. Accordingly, this application is dismissed.
7. The trial Judge is directed to give short
adjournments in the trial and conclude the trial at the earliest.
8. The Superintendent of Police, Vaishali is directed to
ensure the attendance of the witnesses in the trial.
9. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Vaishali and
Superintendent of Police, Vaishali through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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