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Patna High Court

Sonu ThakurversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Sonu Thakur, sought bail in a murder case (Charpokhari P.S. Case No. 88 of 2024) where he is accused of killing his wife under Sections 304(b) and 34 of the Indian Penal Code. He has been in custody since 11‑04‑2024 and the trial is nearing its conclusion, with four out of six witnesses already examined. The petitioner’s counsel argued for bail on the basis that the trial is almost over, while the State opposed the relief. The Hon’ble Justice Sandeep Kumar, after hearing both sides, declined to grant bail, noting the seriousness of the offence and the advanced stage of the trial. The bail application was dismissed, with the court clarifying that its observations are limited to this bail application and do not prejudice the merits of the case at any later stage.

Issues considered

  • Whether bail should be granted to an accused in a murder case under Sections 304(b) and 34 of the IPC when the trial is at an advanced stage

Legislation cited

Subjects

  • bail
  • murder
  • IPC 304(b)
  • IPC 34
  • criminal procedure
  • high court
  • trial stage

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78548 of 2025
                    Arising Out of PS. Case No.-88 Year-2024 Thana- CHARPOKHARI District- Bhojpur
                 ======================================================
                 Sonu Thakur Son of Yogendra Thakur@Jogendra Thakur Resident of village -
                 Bhasodih, P.O.- Koil, P.S.- Charpokhari, District - Bhojpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Smita Shree Yadav, Advocate
                 For the State           :       Mr.Md. Mushtaque Alam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   30-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Charpokhari P.S. Case No. 88 of 2024 registered for the offence

                   punishable under Sections 304(B)/34 of the Indian Penal Code.

                                 3. The petitioner is the husband of the deceased. He is

                   accused of killing the deceased.

                                4. Learned counsel for the petitioner submits that the

                   trial has started and out of six witnesses, four witnesses have

                   been examined.

                                5. The petitioner is in custody since 11.04.2024.

                                6. Considering the allegation and the fact that the

                   trial is on the verge of conclusion, I am not inclined to grant

                   bail to the petitioner.
           Patna High Court CR. MISC. No.78548 of 2025(6) dt.30-03-2026
                                                       2/2




                                  7. Accordingly, the application stands dismissed.

                                  8. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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