Dismissed

Jagnath Sah @ Jagannath Sah @ Jagarnath Sah v. The State of Bihar

Patna HC16 May 2025CR. MISC./14456/2025

Case brief

AI extract

What is this about?

Regular bail application under IPC sections 147, 148, 149 and 302 and Arms Act section 27, third attempt after two rejections, with petitioner in custody nearly five years and trial stalled. Bail was refused given nine pending criminal cases against him; SP directed to ensure examination of doctor and IO within nine months.

What the court decided

AI extract

Jagnath Sah @ Jagannath Sah @ Jagarnath Sah Vs The State of… — Bail and Remand | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14456 of 2025

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Arising Out of PS. Case No.-6 Year-2020 Thana- RAXAUL RAIL P.S. District- West Champaran

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======================================================

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Jagnath Sah @ Jagannath Sah @ Jagarnath Sah Son of Late Raja Sah Resident of village - Pipara, P.S.- Darpa, District - East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arvind Kumar, Adv. For the Opposite Party/s : Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 16-05-2025

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Heard Learned Counsel for the petitioner and

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Learned A.P.P. for the State.

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The petitioner seeks regular bail in connection with S.Tr. No.657 of 2022 CIS No.697 of 2022 arising out of Raxaul Rail P.S. Case No.06 of 2020 lodged under Sections 147, 148, 149 and 302 of the IPC read with Section 27 of the Arms Act.

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Learned counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected twice i.e., vide order dated 29.09.2022 passed in Cr. Misc. No.60793 of 2021 and vide order dated 23.02.2024 passed in Cr. Misc. No.49104 of 2023.

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Learned counsel for the petitioner further submits that the petitioner is in custody since 06.11.2020 and evidence

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Patna High Court CR. MISC. No.14456 of 2025(3) dt.16-05-2025 2/3

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has not been completed till date and about 5 years is going to be crossed.

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Counsel further submits that only one aspect is that his antecedent is not clean. There are 11 criminal case has been filed in which he has been acquitted in two cases. He further submits that stage of the trial has been called for.

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Learned counsel for the State opposes the prayer for bail and submits that progress report has been called for. He further submits that petitioner’s antecedent is not clean. There are 11 criminal case has been filed in which he has been acquitted in two cases. Presently, 9 criminal cases pending against him.

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From the report, it transpires that out of 11 witnesses, only one witness has been examined and instead of the fact that warrant has been issued to the witnesses for evidence. Report indicates that the trial is likely to be concluded within 9 months.

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In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner at present. Therefore, the bail application of the petitioner is hereby rejected.

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Speedy trial is constitutional vision of justice. It is

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Patna High Court CR. MISC. No.14456 of 2025(3) dt.16-05-2025 3/3

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hereby directed to the Superintendent of Police, West Champaran to do the needful so that the doctor and I.O. be examined within the said period of 9 months in connection with S.Tr. No.657 of 2022 CIS No.697 of 2022 arising out of Raxaul Rail P.S. Case No.06 of 2020.

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Registry is directed to communicate this order forthwith to the Superintendent of Police, West Champaran. Registry is further directed to hand over a copy of this order to learned A.P.P. who shall communicate this order to the Superintendent of Police, West Champaran at his level.

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It is made clear that in the next chance, when petitioner shall move for bail and if situation shall arise then petitioner shall come forward with the concerned documents showing that he is not absconding any of the 9 criminal cases pending against him.

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(Dr. Anshuman, J.)

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Prakashmani/-

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U T

Jagnath Sah @ Jagannath Sah @ Jagarnath Sah v. The State of Bihar

Case brief

What is this about?

What the court decided

Jagnath Sah @ Jagannath Sah @ Jagarnath Sah v. The State of Bihar

Case brief

What is this about?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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