Patna High Court
Sanjay Kumar @ Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The High Court held that bail could not be granted and directed the trial court to expedite the trial and complete it within six months.
Summary
The petitioner, Sanjay Kumar, is in custody for alleged murder and attempt to cause grievous hurt under IPC sections 302 and 326, based on a FIR filed by his father‑in‑law. The prosecution alleges that the petitioner stabbed the deceased, his brother‑in‑law, as shown in CCTV footage. The petitioner applied for bail, which was previously rejected on 30‑10‑2024. The High Court, after hearing, ordered the trial court to expedite the examination of remaining witnesses and to take necessary steps if officials fail to appear, and directed that the trial be concluded within six months. Consequently, the bail application was again rejected.
Issues considered
- Whether the petitioner is entitled to bail in a case involving alleged murder and attempt to cause grievous hurt under sections 302 and 326 IPC
- Whether the trial court has complied with procedural requirements for witness examination and timely disposal of the trial
Legislation cited
- Indian Penal Code — s. 302, 326
Subjects
- bail
- murder
- attempt to cause grievous hurt
- IPC 302
- IPC 326
- trial delay
- CCTV evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70094 of 2025
Arising Out of PS. Case No.-1878 Year-2023 Thana- NAWADA District- Nawada
======================================================
Sanjay Kumar @ Bablu Kumar S/o Late Kameshwar Prasad @ Kameshwar
Shah Resident of Village-Girihinda Dhala, P.S- Sheikhpura, Dist- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Ranjan Kumar, Advocate
For the State : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 09-01-2026 Heard the parties.
2. The petitioner is in custody in connection with
Nawada Town P.S. Case No. 1878 of 2023 for the offence
punishable under sections 326 and 302 of the Indian Penal
Code, lodged on 08.12.2023 by the informant, Vasudev Prasad.
3. As per the prosecution story, the informant alleged
that his son had gone to the K.L.S. College, Nawada for filling
his B.A. Part-II examination form and as he was returning, near
Deepak Furniture Shop after spraying chilly power on his face,
he was stabbed. The son died immediately which led to the
F.I.R. against unknown.
4. The allegation of killing of his own brother-in-law
against the petitioner, the father-in-law is the informant and the
CCTV footage has shown him as the person who stabbed the
deceased. In that background, on 30.10.2024, the bail
application was rejected vide Cr. Misc. No. 43632 of 2024. This
Patna High Court CR. MISC. No.70094 of 2025(4) dt.09-01-2026
2/2
is the second attempt.
5. A report was called for from the learned Trial
Court, according to which, out of seven witnesses, five have
been examined and summons have been issued to the Medical
Officer and the Investigation Officer appear before the Trial
Court.
6. It is expected from the learned Trial Court that the
rest witnesses who are government officials are examined if still
not examined and if they fail to appear, necessary steps be taken
which include the bailable/non-bailable warrant and the
Superintendent of the Police of the district be also apprised
regarding their non-appearance before the Trial Court.
7. This Court would further expects the learned Trial
Court to take the matter to its logical conclusion/to conclude the
trial in next six months.
8. The bail application is rejected with the aforesaid
observation.
(Rajiv Roy, J)
vinayak/-
U T
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