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Patna High Court

Sanoj Kumar @ Bhura @ BhuttuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the petitioner's application for regular bail, upholding the earlier denial.

Summary

The petitioner, Sanoj Kumar, was charged under Section 365 of the Indian Penal Code for attempting to cause death and later under Section 302 for murder, based on allegations that he pushed the informant's son into a river. He has been in custody since May 19, 2024, and previously applied for regular bail, which was denied by the Patna High Court on 22 January 2025. On 11 February 2026, he filed a second bail application, arguing that the trial had progressed to framing of charges and that he was innocent. The State opposed the bail, emphasizing the seriousness of the offences and the pending trial. Justice Sandeep Kumar declined to revisit the earlier order and dismissed the bail application, indicating that the petitioner may reapply if the prosecution causes further delay.

Issues considered

  • Whether the petitioner is entitled to regular bail for offences under Sections 365 and 302 of the IPC.
  • Whether the earlier bail denial can be reviewed in light of the trial's progress.

Legislation cited

Subjects

  • regular bail
  • murder
  • attempt to cause death
  • IPC
  • trial delay
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80585 of 2025
                      Arising Out of PS. Case No.-161 Year-2024 Thana- DIDARGANJ District- Patna
                 ======================================================
                 Sanoj Kumar @ Bhura @ Bhuttu S/o Late Kailash Yadav @ Kailash Singh
                 R/o Vill.- Gulamahiya Bagh, P.S. - Didarganj, District - Patna
                                                                                 ... ... Petitioner
                                                    Versus
                 The State of Bihar                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :         Mr. Amresh Kumar Sinha, Advocate
                 For the State             :         Ms. Rita Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   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 regular bail in connection with Didarganj

                   P.S. Case No.161 of 2024 registered for the offence punishable

                   under section 365 of the Indian Penal Code, subsequently,

                   section 302 of the Indian Penal Code was also added.

                                      3.       Earlier, the bail of the petitioner was rejected

                   by this Court vide order dated 22.01.2025 passed in Criminal

                   Miscellaneous No.76038 of 2024. The aforesaid order dated

                   22.01.2025 reads as under:-

                                               “Heard the parties.
                                               2. The petitioner seeks regular bail in
                                      connection with Didarganj P.S. Case No. 161 of
                                      2024, registered for the offence under Section 365
                                      of the Indian Penal Code, subsequently section
                                      302 of the Indian Penal Code was added.
                                               3. As per prosecution case, the informant’s
                                      son died in the river by drowning. During
            Patna High Court CR. MISC. No.80585 of 2025(4) dt.11-02-2026
                                                        2/2




                                      investigation it has come that it is the petitioner
                                      who has killed the deceased by pushing him in the
                                      river.
                                               4. Learned counsel for the petitioner
                                      submits that petitioner is innocent and has not
                                      committed any offence. Petitioner is in custody
                                      since 19.05.2024. There is delay of 18 days in
                                      lodging the F.I.R. Petitioner has three criminal
                                      antecedents and in three cases he is on bail.
                                               5. Learned A.P.P. has vehemently opposed
                                      the prayer for bail.
                                               6. Considering the aforesaid facts and
                                      circumstances of the case, I am not inclined to
                                      grant bail to the petitioner, this
                                      application is dismissed.”


                                      4.       Learned counsel for the petitioner submits

                      that in the trial the charges have been framed and the

                      prosecution will examine the witnesses.

                                      5.       Considering the aforesaid submission, I am

                      not inclined to review my earlier order dated 22.01.2025.

                      Accordingly, this bail application is dismissed. If the trial is

                      delayed by the prosecution, the petitioner may renew his prayer

                      for bail.

                                                              (Sandeep Kumar, J)

pawan/-
U       T


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