Patna High Court
Sandeep Kumar DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court denied bail, directing the trial to be concluded within three months and permitting a fresh bail application thereafter.
Summary
The petitioner, Sandeep Kumar Das, was charged under sections 302 and 201 of the Indian Penal Code for a murder-related offence. He applied for regular bail after an earlier bail application was rejected on the ground that the trial was ongoing. The High Court noted that the trial was at its final stage, with nine of thirteen witnesses already examined, and therefore declined to grant bail. The court directed the trial court to complete the trial within three months. It further allowed the petitioner to file a fresh bail application after three months if the trial remained incomplete.
Issues considered
- Whether regular bail can be granted to the petitioner at the near‑end stage of the trial under sections 302 and 201 IPC.
Legislation cited
- Indian Penal Code — s. 201, 302
Subjects
- bail
- section 302 IPC
- section 201 IPC
- murder
- culpable homicide
- high court
- trial proceedings
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84652 of 2025
Arising Out of PS. Case No.-215 Year-2024 Thana- BIRPUR District- Supaul
======================================================
Sandeep Kumar Das S/o Sri Dev Lal Das Resident of Village- Madhura West,
Ward No. 05, P.S.- Narpatganj, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 16-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in
connection with Birpur P.S. Case No. 215 of 2024 registered
for the offence punishable under sections 302 and 201 of the
Indian Penal Code which was earlier rejected vide order dated
22.03.2025 with an observation that the petitioner may be at
liberty to renew his prayer for bail after six months, if the trial
is not concluded.
3. Stage of trial has been called for vide order dated
12.12.2025 from the learned trial court and from perusal of the
report of the learned trial court, it is clear that out of thirteen
witnesses, nine have already been examined. The case is fixed
Patna High Court CR. MISC. No.84652 of 2025(3) dt.16-01-2026
2/2
for examination of I.O. As the trial of this case is at its fag end,
I am not inclined to enlarge the petitioner on bail at this stage,
as such, his prayer for bail stands rejected.
4. Learned trial court is directed to conclude the trial
within three months positively.
5. The petitioner may be at liberty to renew his
prayer for bail after three months if the trial is not concluded.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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