Patna High Court
Tela Das @ Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Tela Das (Sonu Kumar), was arrested in connection with a murder case registered under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita. He applied for regular bail, claiming innocence, a clean antecedent, and that he had been in custody since 20‑04‑2025. The prosecution alleged that the petitioner, along with other accused, murdered his husband by chopping his neck. The court examined the seriousness of the charges and the gravity of the offence. Considering the nature of the accusation, the court rejected the bail application but directed the trial court to expedite the trial and conclude it within one year of the order. The bail petition was therefore dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita
- Whether the nature and gravity of the alleged murder offence justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 61(2)
Subjects
- bail
- regular bail
- murder
- Bharatiya Nyaya Sanhita
- Sections 103(1)
- Section 61(2)
- high court
- expedited trial
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74121 of 2025
Arising Out of PS. Case No.-241 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Tela Das @ Sonu Kumar S/o Thakur Das Resident of Village- Chhatauni
Colony, Gali NO 4, PS- Chhatauni, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Geeta Kumari, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Motihari Muffasil P. S. Case No. 241 of 2025 in a case
registered for the offences punishable under Sections 103(1) and
61(2) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 16.04.2025 at about 2
PM, informant came to know that her husband has been
murdered. Informant suspects that all the F.I.R. named accused
persons, including this petitioner, killed her husband by
chopping his neck.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
Patna High Court CR. MISC. No.74121 of 2025(3) dt.09-01-2026
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claims clean antecedent and is in custody since 20.04.2025.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and gravity of
the offence, prayer for bail of the petitioner is rejected.
7. However, since petitioner is in custody since
20.04.2025, Trial Court is directed to expedite and conclude the
trial, preferably, within a period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Navya/-
U T
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