Patna High Court
Sanjay Chaudhary @ Sanjay Kumar@ Sanjay Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that bail could not be granted in the present case and rejected the petitioner's regular bail application.
Summary
The petitioner, Sanjay Chaudhary, was arrested on 29 December 2021 in connection with a murder case (Sections 302/34 IPC) arising from PS Bhagwan Bazar Case No. 628 of 2021. He applied for regular bail before the Patna High Court, having previously had two bail applications rejected by the trial court. The petitioner’s counsel highlighted that all prosecution witnesses had been examined and a show‑cause notice had been issued to the SP, arguing for bail on the ground of a concluded prosecution case. The State opposed the bail, emphasizing the seriousness of the offences and the need for the accused’s presence at trial. The High Court, after considering the submissions, declined to grant bail and ordered the trial court to conclude the trial within two months, warning that any further delay by the petitioner should be recorded.
Issues considered
- Whether regular bail can be granted to an accused charged with murder under Sections 302 and 34 of the IPC.
- Whether the completion of prosecution witness examination and the seriousness of the offence justify denial of bail.
- Whether the trial can be concluded within a two‑month period as directed by the court.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- regular bail
- speedy trial
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46641 of 2025
Arising Out of PS. Case No.-628 Year-2021 Thana- BHAGWAN BAZAR District- Saran
======================================================
Sanjay Chaudhary @ Sanjay Kumar@ Sanjay Kumar Chaudhary S/o Shiv
Nath Chaudhary @ Sheo Nath Chaudhary R/o Vill- Daulatganj,Kali Mandir,
P.S.- Bhagwan Bazar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No.2, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
7 09-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Sessions Trial No. 400 of 2022 arising out of Bhagwan Bazar
P.S. Case No. 628 of 2021 lodged on 28.12.2021, for the offence
punishable under Sections 302/34 of the Indian Penal Code,
pending in the Court of A.DJ. XVII, Saran at Chapra.
3. Learned counsel for the petitioner submits that the
regular bail application of the petitioner was earlier rejected
twice vide order dated 08.12.2022 passed in Cr. Misc. No.
30373 of 2022 & vide order dated 23.02.2024 passed in Cr.
Misc. No. 612 of 2024. Counsel submits that the petitioner is in
custody since 29.12.2021. Counsel submits that vide order no.6
Patna High Court CR. MISC. No.46641 of 2025(7) dt.09-02-2026
2/2
dated 05.12.2025, a show cause notice has been issued to the
S.P/S.S.P., Saran at Chapra. The said show cause has been filed,
in which it has been stated in para 6 that the examination of all
the prosecution witnesses has been concluded.
4. Learned APP for the State opposes the prayer for
bail of the petitioner.
5. In this view of the matter, this Court is not inclined
to grant bail to the petitioner. Accordingly, the prayer for regular
bail of the petitioner is hereby rejected. However, the trial court
is directed to take all steps for conclusion of the trial within two
months. In the event, the petitioner of the present case is not
supporting in conclusion of the trial within the specified period,
then the trial court shall acknowledged this fact in the order
sheet.
(Dr. Anshuman, J)
Divyansh/-
U T
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