Patna High Court
Sanjay Dubey @ Sanjay Kumar DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
Bail cannot be granted when the trial is underway and substantial prosecution evidence remains to be examined.
Summary
The petitioner, Sanjay Dubey, was charged under Sections 103(1), 3(5) and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. He had earlier applied for regular bail (Cr. Misc No. 34084 of 2025) which was rejected on 6-8-2025. He filed a second bail application (Cr. Misc No. 80709 of 2025) while the trial was in progress, with five of ten prosecution witnesses already examined. The informant’s counsel argued that the trial was advancing and releasing the petitioner would serve no useful purpose. The Court, after considering the earlier order and the stage of trial, declined to grant bail, holding that the petitioner must remain in custody.
Issues considered
- Whether bail should be granted to the petitioner at the stage where the trial is ongoing and half of the prosecution witnesses have been examined.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
Subjects
- bail
- regular bail
- trial stage
- prosecution witnesses
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80709 of 2025
Arising Out of PS. Case No.-20 Year-2025 Thana- BARUN District- Aurangabad
======================================================
Sanjay Dubey @ Sanjay Kumar Dubey S/o Dukhan Dubey R/o Village -
Bhadokhara, P.S - Tilouthu, District - Rohtas, State - Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Harsh Vardhan, Advocate
Ms. Sushmita Sharma, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
Mr. D.K. Singh, Advocate
Mr. Shekhar singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-02-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the petitioner.
2. The petitioner seeks bail in connection with Barun
PS Case No. 20 of 2025 registered for the offences punishable
under Sections 103(1), 3(5) and 61(2) of the Bharatiya Nyaya
Sanhita and Section 27 of the Arms Act.
3. Learned counsel for the petitioner submits that this
is the second attempt of the petitioner to seek regular bail. It is
next submitted that petitioner had earlier moved before this
Court seeking regular bail by filing Cr. Misc No. 34084 of 2025
and the same came to be rejected by an order dated 6-8-2025.
Patna High Court CR. MISC. No.80709 of 2025(2) dt.26-02-2026
2/2
4. At this stage, the learned counsel appearing on
behalf of the informant submits that trial has commenced and
out of 10 prosecution witnesses, 5 prosecution witnesses have
been examined only 5 remains to be examined. It is next
submitted that the trial is progressing as such no useful purpose
would be served by releasing the petitioner on bail at this stage.
5. After hearing the learned counsel for the parties
and taking into consideration the order dated 6-8-2025 in Cr.
Misc No. 34084 of 2025, the Court is not inclined to release the
petitioner on bail.
6. Accordingly, the prayer for bail of the petitioner is
rejected.
(Satyavrat Verma, J)
Sumit/-
U T
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