Created by Fuzzy Cloud

Patna High Court

Lalan DasversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Regular bail was not granted; the trial must be concluded within the stipulated period.

Summary

The petitioner, Lalan Das, applied for regular bail in a case involving alleged offences under Sections 302, 201 and 120(B) of the Indian Penal Code arising from the disappearance and death of the informant’s son. The trial court had examined four of six charge‑sheeted witnesses, with two remaining, and indicated that the trial could be completed within six months if the prosecution produced the remaining witnesses. The petitioner’s counsel argued that the trial report dated 02‑12‑2025 showed the trial court needed more time, and sought bail. The High Court directed the trial court to conclude the trial within the period specified in the report and noted that if the trial is not concluded, the petitioner may renew his bail prayer. Consequently, the bail application was rejected.

Issues considered

  • Whether regular bail should be granted to the petitioner pending trial for offences under Sections 302, 201 and 120(B) of the IPC.
  • Whether the trial can be completed within the six‑month period as indicated by the trial court’s report.

Legislation cited

Subjects

  • regular bail
  • IPC 302
  • IPC 201
  • IPC 120(B)
  • murder
  • culpable homicide
  • conspiracy
  • trial delay
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63412 of 2025
                         Arising Out of PS. Case No.-163 Year-2023 Thana- SUIYA District- Banka
                 ======================================================
                 Lalan Das S/O Karu Das @ Karu Ravidas Resident of Village- Lahaniya(Das
                 Tola), P.S.- Suiya, Distt-Banka

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



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dhananjay Kumar Pandey
                 For the State            :        Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   19-01-2026                          Heard the learned counsel for the parties.

                                    2. This is an application for regular bail on behalf

                   of the petitioner for the offences alleged under Sections 302,

                   201 and 120(B) of the IPC registered in connection with Suiya

                   P.S.Case No. 163/2023.

                                    3. As per allegation, the son of the informant had

                   stepped out to meet his friend (petitioner), but did not return till

                   late in the evening. Subsequently, the informant got information

                   that a decomposed body was lying in a pond which the

                   informant identified that to be of her son.

                                  4. The report of the learned trial court shows that out

                   of six charge-sheeted witnesses, four have been examined and
           Patna High Court CR. MISC. No.63412 of 2025(3) dt.19-01-2026
                                                       2/2




                     two charge-sheeted witnesses the doctor and the I.O. remain for

                     examination. It further appears from the report that the case may

                     be disposed of within six months, if the prosecution produces

                     the witnesses including the cooperation from the defense side.

                                  5. The learned counsel for the petitioner has submitted

                     that the date of report is 02.12.2025 and the trial court has

                     sought time for conclusion of the trial.

                                  6. The learned trial court is directed to conclude the

                     trial within a period which has been mentioned in the report.

                                  7. If the trial is not concluded within the said period,

                     the petitioner shall renew his prayer for bail before the learned

                     court below itself.

                                  8. With this direction/observation, the application

                     stands rejected.



                                          (Nawneet Kumar Pandey, J)
HR/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.