Patna High Court
Anand Murti @ Pintu @ ChintuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the trial was essentially completed and the case was pending judgment.
Summary
The petitioner, Anand Murti, was charged under Sections 363, 364, 302, 201 and 34 of the Indian Penal Code for offences including robbery, dacoity, murder, and conspiracy. He applied for regular bail for the third time, having previously been denied twice. The petitioner argued that the trial was essentially over with only one witness left, and that the case was fixed for judgment. The Court examined the stage of the proceedings and held that since the trial was substantially complete, granting bail would be inappropriate. Consequently, the bail application was dismissed.
Issues considered
- Whether bail can be granted to an accused when the trial is substantially concluded and the case is fixed for judgment.
Legislation cited
- Indian Penal Code — s. 201, 302, 34, 363, 364
Subjects
- bail
- criminal procedure
- IPC
- robbery
- dacoity
- murder
- conspiracy
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56111 of 2025
Arising Out of PS. Case No.-172 Year-2022 Thana- DALSINGHSARAI District- Samastipur
======================================================
Anand Murti @ Pintu @ Chintu S/o Late Kusheshwar Mahto R/o Village-
Bandhara, PS- Dalsinghsarai (Ghataho OP), District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Sinha
For the Opposite Party/s : Mr. Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 3rd attempt of the petitioner. The
petitioner seeks bail in connection with Dalsinghsarai (Ghataho
O.P.) P.S. Case No. 172 of 2022 registered for the offence under
Sections 363, 364, 302, 201 and 34 of the Indian Penal Code.
3. Earlier the bail application of the petitioner was
rejected twice on 29.02.2024 in Cr. Misc. No. 78117 of 2023
and on 08.01.2025 in Cr. Misc. No. 88014 of 2024. The order
dated 08.01.2025 reads as follows:-
Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
connection with Dalsinghsarai (Ghataho) P.S.
Case No. 172 of 2022 registered for the offence
under Section 363 of the Indian Penal Code and
later Sections 364, 302, 201 and 34 of the
Patna High Court CR. MISC. No.56111 of 2025(3) dt.11-02-2026
2/2
Indian Penal Code were also added.
3. It has been submitted by the
learned counsel for the petitioner that the trial
of the petitioner has almost concluded and the
case is now fixed for judgment.
4. Considering the fact that the trial
of the petitioner is completed and the case is
now fixed for judgment, this Court is not
inclined to grant bail to the petitioner.
5. Accordingly, this application is
dismissed.
4. The learned counsel for the petitioner very fairly
submits that only one witness is left to be examined.
5. In view of the above, this application for regular
bail stands rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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