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Patna High Court

Dhamu SahversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The High Court denied the bail petition, finding no new ground to alter its earlier decision.

Summary

The petitioner, Dhamu Sah, was arrested in February 2025 and charged under multiple provisions of the Bharatiya Nyaya Sanhita, 2023, the POCSO Act, the Juvenile Justice Act, the Income Tax Act and the Bounded Labour System Act. He applied for regular bail for the second time after an earlier bail application was rejected in August 2025. The trial court had framed charges and examined only two of the nineteen prosecution witnesses, with the trial expected to finish in about nine months. The petitioner argued that he had been in judicial custody without justification and had no prior criminal record. The State opposed bail, and the High Court found no new ground to revisit the earlier decision, noting that the trial was still pending, and consequently rejected the bail petition while directing the lower court to expedite the trial, allowing a fresh bail application after six months.

Issues considered

  • What is the appropriate basis for granting or refusing bail when the trial is ongoing and only a few prosecution witnesses have been examined?
  • Does the petitioner have any new ground that warrants a reconsideration of the earlier bail denial?

Legislation cited

Subjects

  • bail
  • judicial custody
  • trial delay
  • multiple offences
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.6819 of 2026
                  Arising Out of PS. Case No.-8 Year-2025 Thana- MAHILA P.S District- West Champaran
                 ======================================================
                 Dhamu Sah Son of Mithan Sah @ Mithun Sah R/o Village - Bishunpura,
                 Ward 02, Post - Kathaiya, P.S. - Jagdishpur, District - West Champaran, Bihar.


                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X W/o Girish Prasad The Officer-in-charge, Bettiah Mahila P.S., P.S. -
                 Bettiah Town, Dist. - West Champaran, Bihar.


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

6   15-05-2026               Heard Mr. Sanjeev Kumar, learned counsel for the

                   petitioner and Mr. Choubey Jawahar, learned APP for the State.

                             2. Mr. Choubey Jawahar, learned APP for the State

                   submits that he has already informed the Opposite Party No. 2

                   regarding filing of the present case.

                           3.      The petitioner seeks bail in connection with Bettiah

                   Mahila P.S. Case No. 08 of 2025, instituted for the offences

                   under Sections 64, 65(1), 143(1), 145, 98, 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023, read with Sections 6, 8, 12 of POCSO

                   Act, Sections 75, 79 of J.J. Act, Sections 3, 4, 5, 6 of I.T. Act,

                   Sections 16, 17 and 18 of the Bounded Labour System Act.
Patna High Court CR. MISC. No.6819 of 2026(6) dt.15-05-2026
                                            2/3




                  4.      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 this Court vide order dated

          13.08.2025 passed in Cr. Misc. No. 30093 of 2025 taking into

          consideration the nature of accussation, gravity of the offence

          and involvement of the petitioner in the offence.

                  5.      In compliance of the order dated 30.01.2026, a

          report dated 12.02.2026 with regard to the present stage of trial

          has been received. From perusal of the aforesaid report, it

          appears that charge has been framed against the petitioner and

          out of nineteen prosecution witnesses, only two witnesses have

          been examined in this case. It is further reported that the trial is

          likely to be concluded within a period of nine months.

                  6.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 23.02.2025

          without any rhymes or reason and has got no criminal

          antecedent.

                  7.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                  8.      There is no new ground to consider the bail petition

          of the petitioner. From the aforesaid report, it appears that the

          trial is going on.
             Patna High Court CR. MISC. No.6819 of 2026(6) dt.15-05-2026
                                                         3/3




                                9.     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. If the trial is not

                       concluded within the period of six months, 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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