Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail cannot be granted as the trial is in progress and no fresh ground has been demonstrated.
Summary
Santosh Kumar was charged under IPC sections 341, 323, 324, 302, 504 and 506/34 for stabbing a victim in a trivial dispute. He has been in custody since July 2023 and the trial has already commenced with two witnesses examined. The petitioner sought regular bail for the second time after an earlier bail denial on 12‑02‑2025. The court observed that the seriousness of the offences, especially murder, and the fact that the trial is underway, provide no fresh ground for bail. Consequently, the bail application was dismissed and the trial was directed to be concluded at the earliest.
Issues considered
- Whether regular bail should be granted to an accused charged with murder and other serious offences when the trial has already commenced
- Whether the petitioner has shown any fresh ground justifying a change in the earlier bail order
Legislation cited
- Indian Penal Code — s. 302, 323, 324, 341, 504, 506/34
Subjects
- regular bail
- trial commencement
- serious offences
- IPC
- murder
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62211 of 2025
Arising Out of PS. Case No.-504 Year-2023 Thana- MANER District- Patna
======================================================
Santosh Kumar S/O Late Manu Ray @ Mannu Ray @ Mannu Singh Resident
of Village Mohanpur P.S.- Maner, Dist.- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Manoj Kumar, Advocate
For the State : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 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 regular bail in connection with Maner P.S.
Case No.504 of 2023 registered for the offence under sections
341, 323, 324, 302, 504 and 506/34 of the B.N.S., 2023.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 12.02.2025 passed in Criminal
Miscellaneous No.68360 of 2024. The aforesaid order dated
12.02.2025 reads as under:-
“Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
connection with Maner P.S. Case No. 504 of
2023 registered for the offence punishable
under Sections 341, 323, 324, 302, 504 and
Patna High Court CR. MISC. No.62211 of 2025(3) dt.10-02-2026
2/3
506/34 of the Indian Penal Code.
3. For a trivial dispute, the deceased
was stabbed by the petitioner.
4. It has been submitted by learned
counsel for the petitioner that the petitioner is
in custody since 13.07.2023.
5. It has very fairly been submitted by
learned counsel for the petitioner that the trial
has started and one witness has already been
examined.
6. Learned APP appearing for the State
opposes the prayer for regular bail of the
petitioner.
7. In view of the fact that the petitioner
has stabbed the victim and also the fact that
the trial has commenced, this Court is not
inclined to grant bail to the petitioner.
8. Accordingly, the application stands
dismissed.
9. Since the trial has commenced, the
Court below is directed to conclude the same
at the earliest.”
4. From the report of the trial Judge, it appears
that out of eight chargesheeted witnesses, two witnesses have
already been examined in the trial.
5. Considering the fact that the trial is
proceeding, I am not inclined to review my earlier order dated
12.02.2025. Further, the learned counsel for the petitioner is not
able to show any fresh ground for grant of bail to the petitioner.
Accordingly, this bail application is dismissed.
Patna High Court CR. MISC. No.62211 of 2025(3) dt.10-02-2026
3/3
6. The Senior Superintendent of Police, Patna is
directed to ensure the presence of witnesses in the trial.
7. Let a copy of this order be communicated to
the Senior Superintendent of Police, Patna forthwith through
FAX or e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
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