Patna High Court
Kaushal SahversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the offences are serious and the trial is already substantially progressed.
Summary
The petitioner, Kaushal Sah, was arrested on 7 May 2025 in connection with a murder case (Sections 302 and 201 IPC) arising from the death of a 15‑year‑old girl, Chandni Kumari, whose mother (the petitioner's wife) lodged the FIR. The petitioner contended that the FIR dated 13 March 2024 named an unknown person and that he was arrested a year later on mere suspicion, seeking bail. The prosecution opposed bail, noting that the informant (the petitioner's wife) had also been arrested and that the trial was underway with ten of fifteen prosecution witnesses already examined. The High Court, after reviewing the trial court’s report, held that the seriousness of the offences and the advanced stage of the trial warranted denial of bail. Consequently, the court refused the bail petition and directed the trial court to expedite the remaining proceedings.
Issues considered
- Whether bail should be granted to an accused charged with murder (Section 302 IPC) and concealment of evidence (Section 201 IPC) when the trial is at an advanced stage.
Legislation cited
- Indian Penal Code — s. 201, 302
Subjects
- bail
- murder
- IPC Section 302
- IPC Section 201
- high court
- trial stage
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72992 of 2025
Arising Out of PS. Case No.-75 Year-2024 Thana- WARISNAGAR District- Samastipur
======================================================
Kaushal Sah S/o Late Bidyanath Sah @ Baidyanath Sah R/o Village - Goh,
P.S - Warisnagar, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjiv Sharan, Advocate
For the Opposite Party/s : Mr. Rita Verma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 19-03-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
07.05.2025 in connection with Warisnagar P.S. Case No. 75 of
2024 for the offences punishable under Sections 302 and 201 of
IPC.
3. The prosecution story, in brief, is that on
11.03.2024, the informant was cutting tori in her field. Her
daughter Chandni Kumari alias Kajal Kumari, aged about 15
years, came there at about 4 PM and said that she wanted to go
to her friend's wedding. The informant said that firstly pull out
the peg of the tori and then go. After the said direction, she went
to market for bringing vegetables. When she returned from the
market with vegetables, she did not found her daughter at home.
Patna High Court CR. MISC. No.72992 of 2025(5) dt.19-03-2026
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During the search, her body was found behind the petrol pump
in the morning at about 4:00 AM. Then she gave a written
complaint before the police personal and the FIR was lodged on
13.03.2024.
4. Learned counsel for the petitioner submits that wife
of the petitioner is informant in the present case and she lodged
the complaint on 12.03.2024 which was registered against on
unknown person on 13.03.2024. Learned counsel for the
petitioner submits that during investigation, the petitioner has
been apprehended and he has been put to trial in Sessions Trial
No. 240 of 2025. Learned counsel for the petitioner further
submits that the date of occurrence as alleged in the FIR is
13.03.2024 but thereafter in spite of arresting the original
culprit, the police arrested the petitioner on 07.05.2025 i.e.,
nearly one year after lodging of this case on the basis of
suspicion.
5. The learned Additional Public Prosecutor, on the
other hand, has vehemently opposed the prayer for bail of the
petitioner and submits that during investigation, the informant,
who is happened to be the wife of the petitioner namely,
Munchun Devi, has also been arrested and however, the prayer
for regular bail was rejected vide order dated 21.11.2025 passed
Patna High Court CR. MISC. No.72992 of 2025(5) dt.19-03-2026
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in Cr. Misc No. 53935 of 2025 by a Coordinate Bench of this
Hon’ble Court.
6. Vide order dated 18.02.2026, report was called for
with regard to the stage of the trial. The report of learned trial
court dated 26.02.2026 reveals that out of fifteen charge-sheet
prosecution witnesses, ten prosecution witnesses have been
examined and case is pending for the examination of the rest
five prosecution witnesses.
7. Considering the report of the learned Trial Court, I
am not inclined to enlarge the petitioner on bail in connection
with S. Tr. No. 240 of 2025 arising out of Warisnagar P.S. Case
No. 75 of 2024 pending in the court of learned Additional
District & Sessions Judge II, Samastipur.
8. Prayer is refused.
9. However, the learned trial court is directed to
expedite and conclude the trial.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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