Patna High Court
Sanjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court declined to grant regular bail to the petitioner.
Summary
The petitioner, Sanjeet Kumar, husband of the deceased, was charged under Sections 304(b) and 34 of the Indian Penal Code for a homicide case and has been in custody since June 2021. He filed his fifth regular bail application after four earlier rejections. The State opposed bail, emphasizing the heinous nature of the allegations, ongoing prosecution witness testimony, and the fact that three co‑accused had absconded with their bail bonds cancelled. The court noted the seriousness of the offence and the pendency of trial, and consequently refused to grant bail. The bail application was dismissed, leaving the petitioner in custody.
Issues considered
- Whether regular bail should be granted to an accused charged with culpable homicide not amounting to murder (IPC 304(b)) and common intention (IPC 34) given the heinous nature of the offence and the status of the trial
Legislation cited
- Indian Penal Code — s. 304(b), 34
Subjects
- regular bail
- IPC 304(b)
- IPC 34
- heinous offence
- trial pendency
- absconding accused
- bail rejection
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6725 of 2026
Arising Out of PS. Case No.-112 Year-2019 Thana- GAURICHAK District- Patna
======================================================
Sanjeet Kumar S/o Sushil Rai @ Gorakh Ray R/o Village- Jamalpur, P.S.-
Gaurichak, District-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Sessions Trial No. 1307 of 2022 arising out of Gaurichak P.S.
Case No. 112 of 2019, lodged on 05.03.2019, under Sections
304(b) and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the
petitioner’s bail application has earlier been rejected on four
occasions, vide order dated 10.08.2022 passed in Cr. Misc. No.
13020 of 2022, vide order dated 12.07.2023 passed in Cr. Misc.
No. 28531 of 2023, vide order dated 14.08.2024 passed in Cr.
Misc. No. 40198 of 2024 and vide order dated 30.08.2025
passed in Cr. Misc. No. 22728 of 2025. He further submits that
this is the fifth regular bail application filed on behalf of the
petitioner.
Patna High Court CR. MISC. No.6725 of 2026(2) dt.09-02-2026
2/2
4. Counsel further submits that the petitioner is the
husband of the deceased. He also submits that, on the last
occasion, a direction was issued to the Senior Superintendent of
Police to conclude the trial preferably within a period of three
months. It is further submitted that the petitioner has been in
custody since 14.06.2021.
5. Learned APP for the State opposes the prayer for
bail and submits that the allegations against the petitioner are
heinous in nature. It was observed in the earlier rejection order
dated 14.08.2024, passed in Cr. Misc. No. 40198 of 2024, that
the charge was framed on 23.02.2023 and the prosecution
witness is going on. The report further reflects that three
accused persons absconded, hence, their bail bonds have been
cancelled.
6. In the present facts and circumstances of the case,
and considering the heinous nature of the allegations, this Court
is not inclined to grant bail to the petitioner. Accordingly, the
bail application of the petitioner is hereby rejected.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
Checking your session…