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Patna High Court

Babloo Lal @ Babloo Kumar @ Amit Lal @ Amit kumar SrivastavaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

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

Summary

The petitioner, Babloo Lal, was charged under Section 302 of the Indian Penal Code and Section 27 of the Arms Act for the murder of a collection agent. He sought bail for the second time after an earlier bail application was rejected. The prosecution alleged that the petitioner had a financial dispute with the deceased, informed other criminals, and that call detail records placed him at the scene, indicating his participation. The petitioner contended he was falsely implicated, had only one prior criminal antecedent, and that the trial had just begun with only one witness examined. The High Court, noting the gravity of the murder charge, the commencement of trial, and the evidentiary material linking the petitioner, declined to grant bail and dismissed the application, directing the trial court to expedite the proceedings.

Issues considered

  • Whether bail should be granted to an accused in a murder case (IPC Sec. 302) when the trial has commenced and there is evidentiary material suggesting involvement.

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • Arms Act 27
  • trial commencement
  • call detail record
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73608 of 2024
                    Arising Out of PS. Case No.-258 Year-2022 Thana- ARA MUFFSIL District- Bhojpur
                 ======================================================
                 Babloo Lal @ Babloo Kumar @ Amit Lal @ Amit kumar Srivastava S/o Late
                 Birendra Kumar Srivastava @ Birendra Lal R/o Village- Semariyan, P.S.- Ara
                 Muffasil, District- Bhojpur
                                                                            ... ... Petitioner/s
                                                 Versus
                  The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjeev Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Rajiv Nayan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

9   09-02-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                   2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Ara Muffasil P.S.

                   Case No.258 of 2022, registered for the offence under Sections

                   302 of the I.P.C. and 27 of Arms Act.

                                  3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 11.10.2023 passed in Cr. Misc.

                   No.51556 of 2023, which reads as under:-

                                              “Heard learned counsel for the petitioner
                                 and Mr. Jharkhandi Upadhyay, learned APP for the
                                 State.
                                              2. The petitioner seeks bail in connection
                                 with Ara Muffasil P.S. Case No. 258 of 2022
                                 registered for the offence punishable under Section
Patna High Court CR. MISC. No.73608 of 2024(9) dt.09-02-2026
                                            2/3




                        302 of the Indian Penal Code and Section 27 of the
                        Arms Act.
                                 3. As per the prosecution case, the
                        deceased who was a collection Agent of a
                        company while returning after collecting money
                        was killed by unknown criminals.
                                 4. Learned counsel for the petitioner
                        submits that the petitioner has got one criminal
                        antecedent and he is in custody since 15.08.2022.
                        He further submits that he has been falsely
                        implicated in this case and has no connection with
                        the alleged occurrence.
                                 5. During investigation, it has come that
                        the deceased had collected money from the
                        petitioner also and thereafter, the petitioner had
                        informed other criminals and they committed the
                        murder of the deceased when the petitioner was
                        identified by the deceased. The Call Detail Record
                        (CDR) location of the petitioner also supports his
                        participation in the crime.
                                 6. Learned APP appearing for the State
                        opposes the prayer for regular bail of the
                        petitioner.
                                 7. In view of the above, I am not inclined
                        to grant bail to the petitioner who is the main
                        prayer in the murder though some other co-
                        accused have been granted bail.
                                 8. This application is dismissed with a
                        direction to the trial Court to conclude the trial at
                        the earliest.”
             Patna High Court CR. MISC. No.73608 of 2024(9) dt.09-02-2026
                                                         3/3




                                   4. Learned counsel for the petitioner submits that the

                       trial has started and till date one witness has been examined.

                                   5. Considering the gravity of the offence and the fact

                       that the trial has started, I am not inclined to review my earlier

                       order.

                                   6. Accordingly, the application stands dismissed.

                                   7. The Trial Court is directed to expedite the trial.



                                                  (Sandeep Kumar, J)
mdrashid/-

U      T


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