Patna High Court
Vishwanath Ram @ Sukeshwar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied as there were no fresh grounds to justify release.
Summary
The petitioner, Vishwanath Ram, was charged under Sections 302 and 34 of the Indian Penal Code for murder. He applied for bail, arguing that he had been in judicial custody since December 2024 without justification. The court noted that a prior bail application had been rejected and that there were no new grounds presented, as the trial had not yet examined any of the seven listed witnesses. The State opposed the bail, and the court found no fresh material to warrant release. Consequently, the bail petition was denied, with the court directing the lower court to expedite the trial within six months, after which the petitioner may renew his bail application.
Issues considered
- Whether bail should be granted to the accused under Sections 302/34 of the IPC in the absence of fresh grounds.
- Whether the petitioner’s continued judicial custody is justified given the trial status.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- bail
- IPC 302
- IPC 34
- criminal procedure
- judicial custody
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85046 of 2025
Arising Out of PS. Case No.-151 Year-2023 Thana- JURAWANPUR District- Vaishali
======================================================
Vishwanath Ram @ Sukeshwar Ram S/o- Late Sukhi Ram R/vill- Raghopur
West, P.S.- Jurawanpur, Distt- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-01-2026 Heard Mr. Vijay Kumar, learned counsel for the
petitioner and Mr. Choubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with
Jurawanpur P.S. Case No. 151 of 2023 instituted for the offences
under Sections 302/34 of the Indian Penal Code.
3. Earlier vide order dated 14.02.2025 passed in Cr.
Misc. No. 10678 of 2025, regular bail of the petitioner was
rejected by this Court considering the specific allegation against
the petitioner of assaulting the deceased.
4. In compliance of the order dated 12.12.2025 a report
dated 23.12.2025 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
that there are total seven witnesses but none of them have been
Patna High Court CR. MISC. No.85046 of 2025(3) dt.09-01-2026
2/2
examined.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 17.12.2024
without any rhymes or reason.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no fresh ground to consider the bail petition
of the petitioner.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of six months from today. If the trial
is not concluded within the period of six months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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