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Patna High Court

Md. SakilversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The petition for regular bail is rejected as there are no fresh grounds to consider the application.

Summary

The petitioner, Md. Sakil, is in judicial custody for offences under Sections 302 and 34 of the Indian Penal Code arising from a murder case (S.T No. 539 of 2022). He contended that he was falsely implicated and sought regular bail, having been in custody since July 2022. The High Court noted that his earlier bail application had been rejected on 20‑02‑2024 and found no fresh ground to revisit the matter. After considering the submissions, the Court was not persuaded to grant bail. Consequently, the petition for regular bail was dismissed.

Issues considered

  • Whether the petitioner is entitled to regular bail in view of the earlier rejection and absence of fresh grounds.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • murder
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.629 of 2026
                      Arising Out of PS. Case No.-405 Year-2022 Thana- AMARPUR District- Banka
                 ======================================================
                 Md. Sakil S/O Late Md. khalil @ Late Md. Jalil Resident of vILL.-
                 Mahgama, P.s- Amarpur,Dist- Banka

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Ajay Kumar Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

3   11-03-2026                          Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner is in custody in connection with S.T

                   No. 539 of 2022 (Arising out of Amarpur P.S Case No. 405 of

                   2022) from the Court of learned Additional Sessions Judge-IV,

                   Banka registered for the offences punishable under Sections

                   302/34 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case. It is also

                   submitted that petitioner is in judicial custody since 22.07.2022.

                   It is next submitted that earlier prayer for regular bail of the

                   petitioner was rejected by this Court vide order dated

                   20.02.2024 passed in Cr. Misc. No. 73834 of 2023.
           Patna High Court CR. MISC. No.629 of 2026(3) dt.11-03-2026
                                                       2/2




                                  4. Since, earlier prayer for regular bail of the

                     petitioner was rejected by this Court vide order dated

                     20.02.2024 passed in Cr. Misc. No. 73834 of 2023. This time

                     also there is no fresh ground to consider his prayer for regular

                     bail of the petitioner.

                                  5. Considering the facts and circumstances of the case

                     and submissions of learned counsel for the parties, I am not

                     inclined to grant regular bail to the petitioner.

                                  6. Accordingly, prayer for regular bail of the petitioner

                     is hereby rejected once again.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U     T


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