Patna High Court
Sanowar AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail must be granted, subject to the condition that it will be cancelled if any witness is examined after charge framing.
Summary
The petitioner, Sanowar Alam, was charged under Section 80 of the Bharatiya Nyaya Sanhita, 2023 for allegedly killing his wife, the deceased. He had been in custody since 23 July 2024 and his earlier bail plea was rejected on 15 May 2025 when only charges had been framed and no witnesses examined. The petitioner argued that the trial had not progressed and that the prolonged detention violated his right to a speedy trial. The court considered the length of custody, the lack of witness examination, and the statutory provision for bail under Section 80. It allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to the condition that bail would be withdrawn if any witness is examined after charge framing.
Issues considered
- Whether bail should be granted under Section 80 of the Bharatiya Nyaya Sanhita, 2023 given the prolonged period of custody and the fact that no witness has yet been examined.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 80
Subjects
- bail
- criminal procedure
- delay in trial
- Section 80
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79106 of 2025
Arising Out of PS. Case No.-140 Year-2024 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Sanowar Alam S/o Shakeel @ Md. Shakeel R/o Village- Chamantola,
Kathamatha, P.S.- Kochadhaman, District- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Sinha, Advocate
For the State : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Kochadhaman P.S.
Case No. 140 of 2024 registered for the offence under Sections
80 Bharatiya Nyaya Sanhita, 2023.
3. The petitioner is the husband of the deceased and
he is accused of killing the deceased.
4. The petitioner is custody since 23.07.2024.
5. It has been submitted by learned counsel for the
petitioner that earlier the prayer for bail of the petitioner was
rejected on 15.05.2025 by this Court in Cr. Misc. No. 30904 of
2025. At that point of time also only charges were framed and
no witness was examined. He further submits that the stage of
Patna High Court CR. MISC. No.79106 of 2025(3) dt.11-02-2026
2/2
the case remains the same and no witness has been examined as
yet.
6. Considering the period of custody and delay in
trial, this application is allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
District and Additional Sessions Judge-III, Kishanganj/
concerned Court in connection with Kochadhaman P.S. Case
No. 140 of 2024.
8. If it is found that after framing of charge some
witnesses have been examined then the bail bonds of the
petitioner shall not be accepted. If no witness has been
examined then bail bonds of the petitioner shall be accepted.
(Sandeep Kumar, J)
P. Kumar
U T
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