Patna High Court

Anil Sah @ Anil Kumar SahversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The bail petition is dismissed as no new ground is shown and the trial is ongoing.

Summary

Anil Sah was arrested in connection with a case involving offences under Sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code and has been in judicial custody since 30 July 2023. He filed a second bail petition after an earlier rejection, arguing that he has been detained without justification. The State opposed the bail, emphasizing the seriousness of the charges. The court noted that only one prosecution witness had been examined and that the trial was expected to conclude within nine months, finding no new ground to merit bail. Consequently, the bail petition was rejected, with a directive to the lower court to expedite the trial within five months, after which the petitioner may re‑apply.

Issues considered

Whether bail should be granted to the petitioner given the seriousness of the offences and the stage of trial
Whether any new ground exists to justify a fresh bail order

Legislation cited

Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 341

Subjects

bail
Indian Penal Code
serious offences
trial delay
judicial custody
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.77041 of 2025
                     Arising Out of PS. Case No.-215 Year-2023 Thana- CHAUSA District- Madhepura
                 ======================================================
                 Anil Sah @ Anil Kumar Sah S/O Jaihind Sah R/o Village- Kalasan (Kakasan)
                 Ward No. 04, P.S.-Chausa, District- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pawan Kumar, Advocate
                 For the Opposite Party/s :      Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-01-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                           2.      The petitioner seeks bail in connection with Chausa

                   P.S. Case No. 215 of 2023 instituted for the offences under

                   Sections 147, 148, 149, 341, 323, 307 and 302 of the Indian

                   Penal Code.

                           3.      This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected by this Court vide order dated

                   21.09.2024 passed in Cr. Misc. No. 50238 of 2024 taking into

                   account the nature and gravity of the offence.

                           4.      In compliance of the order dated 12.11.2025, a

                   report dated 15.11.2025 with regard to the present stage of trial
Patna High Court CR. MISC. No.77041 of 2025(3) dt.09-01-2026
                                            2/3




          has been received. From perusal of the aforesaid report, it

          appears that out of five charge-sheeted witnesses, only one

          prosecution witness has been examined in this case. It is further

          reported that process of bailable warrant has already been issued

          against rest of the non-official prosecution witnesses and the

          trial is likely to be concluded within nine months.

                  5.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 30.07.2023

          without any rhymes or reason. It is further submitted that

          charge-sheet has been submitted submitted in this case as also

          charge has already been framed against the petitioner on

          30.01.2024.

                  6.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                  7.      There is no new ground to consider the bail petition

          of the petitioner. From the aforesaid report, it appears that the

          trial is in progress.

                   8.     In view of the above, the prayer for bail of the

          petitioner is again rejected with a direction to the court below to

          expedite the trial and conclude the same expeditiously

          preferably within a period of five months from today. If the trial

          is not concluded within the period of five months, as stated
             Patna High Court CR. MISC. No.77041 of 2025(3) dt.09-01-2026
                                                         3/3




                       above, the petitioner will be at liberty to renew his prayer before

                       the court below.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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