Patna High Court
Jiwachh Sah @ Chhiwachh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The petition for regular bail is dismissed as there is no new ground for relief.
Summary
Jiwachh Sah was arrested in connection with a case involving multiple offences under the Indian Penal Code and the Arms Act and has been in judicial custody since June 2024. He filed a second bail petition after an earlier bail denial, arguing he has no criminal antecedent and that a co‑accused was granted bail. The State opposed the bail, contending there were no new grounds for relief. The Court observed that the petitioner had offered no fresh material or change in circumstances to merit bail and therefore rejected the petition. The Court directed the trial court to expedite the trial and complete it within five months, allowing the petitioner to re‑apply for bail if the trial is not concluded within that period.
Issues considered
- Whether the petitioner is entitled to regular bail despite the earlier denial and absence of new grounds.
- Whether the delay in trial constitutes a sufficient ground for granting bail.
- Whether the Court can direct the trial court to complete the trial within a specified time frame.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 325, 341, 354, 504, 506
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Arms Act
- trial delay
- judicial custody
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68139 of 2025
Arising Out of PS. Case No.-243 Year-2022 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Jiwachh Sah @ Chhiwachh Sah S/o Bahadur Sah R/o Village- Bandih Asli,
P.S.- Shahpur Patory, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Shahpur Patory P.S. Case No. 243 of 2022, instituted for the
offences under Sections 147, 148, 149, 341, 323, 324, 325, 354,
504, 506, 307, 302 of the Indian Penal Code and Section 27 of
the Arms Act.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by a co-ordinate Bench of this Court
vide order dated 23.01.2025 passed in Cr. Misc. No. 73144 of
2024 taking into consideration the specific accusation against
the petitioner.
Patna High Court CR. MISC. No.68139 of 2025(3) dt.06-02-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 07.06.2024
without any rhymes or reason and has got no criminal
antecedent. It is next submitted that charge has already been
framed against the petitioner on 07.08.2025. It is further
submitted that other co-accused has been granted regular bail by
a co-ordinate Bench of this Court vide order dated 13.04.2023
passed in Cr. Misc. No. 73893 of 2022.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. There is no new ground to consider the bail petition
of the petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same preferably within a
period of five months from today. If the trial is not concluded
within the period of five months, as stated above, the petitioner
will be at liberty to renew his prayer before the court below.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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