Patna High Court

Vijay SahversusThe State of Bihar

Decided: 18 March 2026
Disposal: BAIL REJECTED
Bench: CHANDRA SHEKHAR JHA

Holding

Bail was denied as the trial had progressed to the stage of recording the accused's statement under Section 313 Cr.P.C.

Summary

The petitioner, Vijay Sah, was charged in a criminal case (PS Case No. 70 of 2022) arising from Mirganj, Gopalganj. The trial court examined all twelve prosecution witnesses and the case had progressed to the stage of recording the accused's statement under Section 313 of the Criminal Procedure Code. The petitioner applied for bail for the third time. The High Court noted that the trial was at an advanced stage, with substantial evidence already recorded. Consequently, the Court declined to entertain the bail application and rejected the petition.

Issues considered

Whether bail should be granted to the accused at the stage of recording his statement under Section 313 Cr.P.C. after examination of all prosecution witnesses.

Legislation cited

Code of Criminal Procedure, 1973 — s. 313

Subjects

bail
Criminal Procedure Code
Section 313
trial stage
evidence

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No. 3426 of 2026
                       Arising Out of PS. Case No.-70 Year-2022 Thana- MIRGANJ District- Gopalganj
                  ======================================================
                  Vijay Sah S/o Late Namo Sah R/o Village- Kashim Samail, P.S.- Mirganj,
                  District- Gopalganj.                                   ... ... Petitioner/s
                                                Versus
                  The State of Bihar.                           ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Ms.Poonam Kumari, Advocate
                                                   Mr. Brahmaputra Singh Ishu, Advocate
                                                   Mr. Kaushlendra Kumar, Advocate
                                                   Mr. Omkar Kushwaha, Advocate
                  For the Opposite Party/s :       Mr.Vinod Shanker Modi, APP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                        ORAL ORDER

3    18-03-2026                   Heard learned counsel appearing on behalf of the

                    parties.

                                  2. From the perusal of report as made available to this

                    Court by learned trial court through letter no. 64 of 2026 dated

                    21.02.2026, it transpires that all 12 prosecution witnesses have

                    been examined in this matter.

                                  3. Considering the aforesaid aspects and the stage of

                    trial now as same is at stage of recording statement of accused

                    under Section 313 of Cr.P.C., this Court is not inclined to consider

                    the prayer of bail of the petitioner on 3rd occasion.

                                  4. Accordingly, the prayer of bail of the petitioner stands

                    rejected.




                                           (Chandra Shekhar Jha, J)
veena/-
U       T

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