Patna High Court
Atul PatelversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition was denied as there were no fresh grounds and the trial was on the verge of conclusion.
Summary
The petitioner, Atul Patel, was charged under Section 302 of the Indian Penal Code and several provisions of the Arms Act for a murder and related offences. He applied for bail, having been in judicial custody since August 2023. The High Court had earlier rejected regular bail, directing the trial court to expedite the trial. A recent report indicated that the trial was at the stage of hearing defence arguments and was expected to conclude in March 2026. The petitioner argued that his continued detention was unjustified, while the State contended there were no fresh grounds for bail as the trial was nearing its end. The Court found no new circumstances warranting a change in its earlier order and therefore denied the bail application.
Issues considered
- Whether bail can be granted at a late stage of trial for offences punishable under Section 302 IPC and the Arms Act
- Whether the petitioner has shown any fresh ground or change in circumstances justifying bail
Legislation cited
- Arms Act, 1959 — s. 25(1-b), 25(a), 26, 27, 35
- Indian Penal Code — s. 302
Subjects
- bail
- murder
- Arms Act
- high court
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.579 of 2026
Arising Out of PS. Case No.-708 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Atul Patel S/o Amrendra Singh Resident of Village- Jadupur, P.S.- Sonhan,
District- Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Tribhuwan Narayan, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 18-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with S.Tr. No.
63 of 2024, arising out of Bhabua P.S. Case No. 708 of 2023
instituted for the offences under Sections 302 of the Indian
Penal Code and Section 25(1-b), a, 26, 27 and 35 of the Arms
Act.
3. Earlier vide order dated 08.05.2024 passed in Cr.
Misc. No. 76576 of 2023, regular bail of the petitioner was
rejected by this Court considering the nature of the offences
with a direction to the learned trial Court to expedite the trial
and conclude the same as early as possible.
4. In compliance of the order dated 30.01.2026, a report
dated 23.02.2026 with regard to the present stage of trial has
Patna High Court CR. MISC. No.579 of 2026(3) dt.18-03-2026
2/2
been received. From perusal of the aforesaid report, it appears
that the case is pending for argument and defence argument is
being heard. It is further reported that the case would be
disposed of in the month of March, 2026.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 01.08.2023
without any rhymes or reason.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no fresh ground to consider the bail petition
of the petitioner as the trial is on the verge of conclusion.
8. In view of the above, the prayer for bail of the
petitioner is again rejected.
(Rudra Prakash Mishra, J)
manish/-
U T
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