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Patna High Court

Bablu SahversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted and dismissed the petitioner's application.

Summary

The petitioner, Bablu Sah, was arrested in connection with a triple murder case registered under Sections 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. He applied for regular bail for the second time after an earlier bail application was rejected on 28 June 2024. The High Court examined the material evidence linking the petitioner to the crime and noted that he had been in custody since 22 December 2023. The court found that the seriousness of the offences and the risk of tampering with evidence warranted denial of bail. Consequently, the bail applications were dismissed and the petitioner was ordered to remain in custody. The court also directed the lower court to expedite the trial and conclude it at the earliest.

Issues considered

  • Whether regular bail should be granted to the petitioner charged with murder, conspiracy and an offence under the Arms Act
  • Whether there are sufficient grounds to review the earlier order denying bail

Legislation cited

Subjects

  • bail
  • murder
  • conspiracy
  • Arms Act
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70360 of 2025
                  Arising Out of PS. Case No.-1234 Year-2023 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Bablu Sah S/O Late Kapildev Sah Resident of Village-Sukhasan, Ward No.4,
                 P.S.-Singheshwar, District-Madhepura

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sharda Nand Mishra, Advocate
                 For the Opposite Party/s :       Mr.Ram Sevak Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                    Heard the parties.

                                 2. This is the second attempt of the petitioner for

                   grant of regular bail in connection Madhepura (Bharrahi O.P.)

                   P.S. Case No. 1234 of 2023 registered for the offence under

                   Sections 302, 120(B) of the Indian Penal Code and Section 27

                   of Arms Act. Earlier the bail application of the petitioner was

                   rejected vide order dated 28.06.2024 passed in Cr. Misc. No.

                   25421 of 2024 along with Cr. Misc. No. 27496 of 2024 which

                   reads as under:-

                                              Heard the learned counsel for the petitioners
                                 and learned APP for the State.
                                              2. The petitioners seek bail in connection with
                                 Madhepura (O.P. Bharahi) P.S. Case No. 1234 of 2023
                                 registered for the offence punishable under Sections 302
                                 and 120B of the Indian Penal Code and Section 27 of the
                                 Arms Act.
              Patna High Court CR. MISC. No.70360 of 2025(3) dt.11-02-2026
                                                          2/2




                                                  3. It is a case of triple murder. During
                                     investigation, materials have come to connect these
                                     petitioners with the crime. The petitioners are in jail
                                     since 22.12.2023.
                                                  4. Considering the aforesaid facts, I am not
                                     inclined to grant bail to the petitioners.
                                                  5. Accordingly, these applications for regular
                                     bail are rejected.
                                                  6. The Court below is directed to expedite the
                                     trial of the petitioners and conclude the same at the
                                     earliest.
                                     3. It has been submitted by the learned counsel for the

                        petitioner that in the trial all witnesses have been examined.

                                     4. Considering the aforesaid facts, this Court finds no

                        ground to review its earlier order.

                                     5. Accordingly, this application is dismissed again.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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