Patna High Court
Mohammad Allauddin @ MD AllauddinversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the trial is on the verge of conclusion and the Supreme Court precedent bars bail in such serious offences.
Summary
The petitioner, Mohammad Allauddin, was charged under Sections 302, 201 and 34 of the Indian Penal Code for allegedly calling a deceased person and being linked to the subsequent discovery of the dead body. He has been in custody since August 23, 2023, and a prior bail application was rejected by the Patna High Court on April 19, 2024. In the present application, the court noted that seven witnesses have been examined and the trial is nearing its conclusion. Relying on the Supreme Court’s decision in X Vs. State of Rajasthan (2024) and the principle that bail is unlikely when the trial is close to completion for serious offences, the court declined to grant bail. Consequently, the bail application was dismissed and the trial was directed to be expedited.
Issues considered
- Whether bail should be granted to an accused of murder and related offences (IPC Sections 302, 201, 34) when the trial is nearing conclusion
- Whether the Supreme Court precedent in X Vs. State of Rajasthan (2024) precludes bail in such circumstances
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 201
- IPC 34
- Supreme Court precedent
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35155 of 2025
Arising Out of PS. Case No.-72 Year-2023 Thana- PURUSHOTTAMPUR District- West
Champaran
======================================================
Mohammad Allauddin @ MD Allauddin S/o Sheikh Arman R/o Vill-
Bherihari, P.S.- Purushottampur, Distt- West Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-02-2026 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 Sessions Trial No.
727 of 2024, CIS 727 of 2024 arising out of Purushottampur
P.S. Case No. 72 of 2023 registered for the offence under
Sections 302, 201/34 of the IPC.
3. Earlier, the bail application of the petitioner has
been rejected by this Court vide order dated 19.04.2024 passed
in Cr. Misc. No. 5232 of 2024, which reads as under:
“Heard learned counsel for the petitioner
and learned APP for the State.
2. This application for grant of regular bail
arises out of Purushottampur P.S. Case No.72 of 2023
registered for the offence punishable under sections
302 and 201/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.35155 of 2025(4) dt.10-02-2026
2/2
3. It is alleged that the petitioner called the
deceased and thereafter the dead-body of the deceased
was found.
4. The petitioner is in custody since
23.08.2023. During investigation, materials have come
to connect the petitioner with the crime.
5. Considering the aforesaid facts, I am not
inclined to grant the petitioner privilege of regular
bail. Accordingly, this bail application is rejected. The
trial court is directed to expedite the trial and conclude
the same as early as possible.”
4. From explanation of the S.P., it appears that seven
witnesses have been examined.
5. Considering the fact that the trial is on the verge of
conclusion and also the law laid down by the Hon’ble Supreme
Court in the case of X Vs. State of Rajasthan and Anr.
reported in 2024 SCC Online SC 3539, I am not inclined to
grant bail to the petitioner.
6. Accordingly, this application is dismissed
(Sandeep Kumar, J)
priyanka/-
U T
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