Patna High Court
Shiv Ram SahversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, upholding its earlier order to dismiss the application.
Summary
Shiv Ram Sah, the father of a deceased girl, was charged under Section 302 of the Indian Penal Code for murder and Section 27 of the Arms Act for illegal possession of a weapon. The prosecution alleged that he hired a co‑accused to kill his daughter. He applied for regular bail, which was first rejected on 13 September 2024. On a second attempt, the petitioner’s counsel argued that two witnesses had already been examined in trial, but the court noted the seriousness of the charges and that the trial was underway. Consequently, the court declined to revisit its earlier decision and dismissed the bail application.
Issues considered
- Whether bail should be granted to an accused charged with murder and illegal arms possession given the gravity of the offence and the commencement of trial
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302
Subjects
- bail
- murder
- Arms Act
- section 302 IPC
- section 27 Arms Act
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67844 of 2025
Arising Out of PS. Case No.-68 Year-2023 Thana- SINGHESHWAR District- Madhepura
======================================================
Shiv Ram Sah S/o Late Kamleshwari Sah @ Ramji Sah R/o Village - Jajhat
Sabaila, Ward no.- 10, P.S - Singheshwar, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surya Narayan Yadav, Advocate
For the State : Mr.Rita Verma, 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 bail in connection with Singheshwar P.S.
Case No. 68 of 2023 registered for the offence under Sections
302 of the Indian Penal Code and section 27 of the Arms Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 13.09.2024 passed in Cr. Misc.
No. 19460 of 2024, which reads as under:
“Heard learned counsel for the
petitioner as well as learned APP for the State.
2. The petitioner seeks regular bail in
a case registered for the offence under section
302 of the Indian Penal Code and section 27 of
the Arms Act.
3. As per the prosecution case, the
petitioner, who is the father of the deceased, has
got the information that his daughter was killed.
Patna High Court CR. MISC. No.67844 of 2025(3) dt.10-02-2026
2/2
4. During investigation, it has come
that the petitioner had taken the service of co-
accused in killing the deceased, who is his
daughter.
5. The petitioner is in custody since
20.07.2023.
6. Considering the nature of
allegation levelled against the petitioner, this
Court is not inclined to grant bail to the
petitioner.
7. Accordingly, this application is
dismissed.”
4. Learned counsel for the petitioner submits that two
witnesses have been examined in the trial.
5. Considering the gravity of the offence and the fact
that the trial has started, I am not inclined to review my earlier
order.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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