Patna High Court
Sohail Ahmad @ ToniversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, dismissing the petitioner's application.
Summary
The petitioner, Sohail Ahmad, was arrested in connection with a robbery (Section 394 IPC) involving the looting of a medicine shop and is also implicated in six other serious cases. He applied for regular bail, citing prolonged custody since June 2023 and delay in trial. The State argued that the trial had been separated and witnesses examined, indicating the case was progressing. The Patna High Court, noting the gravity of the offence and that the trial had already commenced, declined to revisit its earlier order denying bail. Consequently, the bail application was dismissed and the court directed that the trial be expedited.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offence under Section 394 IPC and the commencement of trial.
- Whether the earlier order denying bail can be reviewed in light of alleged trial delays.
Legislation cited
- Indian Penal Code — s. 394
Subjects
- bail
- robbery
- Section 394 IPC
- criminal procedure
- high court
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6793 of 2025
Arising Out of PS. Case No.-1365 Year-2022 Thana- PHULWARISHARIF District- Patna
======================================================
Sohail Ahmad @ Toni S/O Md. Jafir R/O Mohalla- Malikana, P.S- Masaurhi,
Distt.- Patna.-804452.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
10 09-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Sessions Trial
No.189 of 2024, arising out of Phulwari Sharif P.S. Case
No.1365 of 2022, registered for the offence under Sections 394
of the Indian Penal Code.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 12.03.2024 passed in Cr. Misc.
No.15329 of 2024, which reads as under:-
“Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks bail in connection
with Phulwari P.S. Case No. 1365 of 2022
registered for the offence punishable under Section
Patna High Court CR. MISC. No.6793 of 2025(10) dt.09-02-2026
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394 of the Indian Penal Code.
3. Unknown criminals are said to have
looted money from a medicine shop in the broad
day light. The petitioner's involvement has come
during investigation. The petitioner is accused in
six more cases of similar and more serious nature.
The petitioner is in custody since 08.06.2023.
4. Learned APP appearing for the State
opposes the prayer for regular bail of the petitioner.
5. Considering the nature of allegation, I am
not inclined to grant bail to the petitioner.
6. Accordingly, this application stands
dismissed.
7. The trial of all the cases in which the
petitioner is accused is directed to be expedited.
8. Let a copy of this order be communicated
to the District Judge, Patna for its compliance
through FAX or e-mail forthwith.”
4. Learned counsel for the petitioner prayed for grant
of bail of the petitioner on the ground of custody and delay in
trial.
5. Learned counsel for the State submits that the Trial
of the petitioner has been separated and the witnesses have been
examined.
6. Considering the gravity of the offence and the fact
that the the trial has been started, I am not inclined to review my
Patna High Court CR. MISC. No.6793 of 2025(10) dt.09-02-2026
3/3
earlier order.
7. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
mdrashid/-
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