Patna High Court
Karan Kumar @ Karan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed as there is no new ground for relief and the trial is ongoing.
Summary
Karan Kumar was charged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, for allegedly assaulting a deceased person with a knife. He applied for regular bail, having been in judicial custody since 16 September 2024, and this was his second bail application after an earlier denial. The court noted that the charge was framed on 21 August 2025, no witnesses had been examined, and the trial was expected to conclude within six months. The petitioner offered no new ground for bail, and the State opposed the relief. Consequently, the High Court rejected the bail petition, directing the lower court to expedite the trial within five months and permitting a fresh bail application if the trial is not concluded within that period.
Issues considered
- Whether the petitioner is entitled to bail despite the trial being ongoing and no new ground being raised.
- Whether the court should grant bail in view of the petitioner’s prolonged pre‑trial detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- pre‑trial detention
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 103
- Section 3
- trial expeditiousness
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9467 of 2026
Arising Out of PS. Case No.-469 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Karan Kumar @ Karan Sah S/o Arjun Sah R/o Village - Husaini, P.S -
Dumaria, District - East Champaran (Motihari)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Sahebganj P.S. Case No. 469 of 2024, instituted for the offences
under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
11.07.2025 passed in Cr. Misc. No. 32986 of 2025 taking into
consideration the direct allegation of assaulting the deceased by
means of knife.
4. In compliance of the order dated 06.02.2026, a
report dated 13.02.2026 with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
Patna High Court CR. MISC. No.9467 of 2026(3) dt.11-03-2026
2/2
appears that charge has been framed against the petitioner on
21.08.2025 and no any witness has been examined in this case.
It is further reported that the trial is likely to be concluded
within a period of six months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 16.09.2024
without any rhymes or reason and has got no criminal
antecedent.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. There is no new ground to consider the bail petition
of the petitioner. From the aforesaid report, it appears that the
trial is going on.
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 preferably within a
period of five months from today. If the trial is not concluded
within the period of five months, as stated above, the petitioner
will be at liberty to renew his prayer before the court below.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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