Patna High Court
Md. QuddushversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail, finding no new ground and deeming the allegations serious.
Summary
The petitioner, Md. Quddush, applied for regular bail in a murder case (Sections 302/34 IPC) arising from Gaya Muffasil P.S. Case No. 315 of 2024. The prosecution alleged that the petitioner and others killed the deceased and that the petitioner had previously fired at the victim. The petitioner had been in custody since 24-10-2024 and had previously been denied bail. The court found no new grounds for bail and, considering the seriousness of the allegations, dismissed the bail application. The trial judge was directed to frame charges and proceed with the trial, with a note that the petitioner may renew a bail prayer if the trial is delayed by the prosecution.
Issues considered
- Whether regular bail can be granted to the accused in a murder case under Sections 302/34 IPC given the seriousness of the allegations
- Whether the petitioner has raised any new ground for bail since the earlier application
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- regular bail
- criminal procedure
- high court
- Sections 302
- Section 34
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76077 of 2025
Arising Out of PS. Case No.-315 Year-2024 Thana- GAYA MUFASIL District- Gaya
======================================================
Md. Quddush S/o Md. Jalaluddin @ Md. Jalaluddin R/o Mohalla - Bhusunda,
P.S.- Muffasil, District - Gaya, Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surendra Kumar Singh
For the Opposite Party/s : Mr.Ram Priya Sharan Singh
======================================================
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 with Sessions Trial No. 237 of
2025 arising out of Muffasil Gaya P.S. Case No. 315 of 2024
registered for the offence under Sections 302/34 of the Indian
Penal Code. Earlier the bail application of the petitioner was
rejected vide order dated 16.04.2025 passed in Cr. Misc. No.
16710 of 2025 which reads as under:-
Heard learned counsel for the petitioner,
learned counsel for the informant and learned APP
for the State.
2. The petitioner seeks regular bail
in connection with Gaya Muffassil P.S. Case No.
315 of 2024 registered for the offence under
Sections 302/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.76077 of 2025(3) dt.11-02-2026
2/2
3. As per the prosecution case, the
petitioner and others are said to have killed the
deceased.
4. The petitioner is also said to have
earlier fired at the deceased and he is in custody
since 24.10.2024.
5. Considering the serious allegations
levelled against the petitioner, this Court is not
inclined to grant bail to the petitioner.
6. Accordingly, this application is
dismissed.
3. Though, the learned counsel for the petitioner has
argued this case vehemently by submitting that charges have
been framed on 24.10.2024 but he has been unable to point out
any new ground for grant of bail.
4. Accordingly, this application is dismissed.
5. The trial Judge is directed to frame the charge and
proceed with the trial so that the trial of the petitioner is not
delayed.
6. It is made clear that if the trial of the petitioner is
delayed by the prosecution then the petitioner may renew his
prayer for bail.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…