Dismissed¶¶26

Vijay Sah v. The State of Bihar

Patna HC25 Aug 2025CR. MISC./6987/2025

Case brief

AI extract

What is this about?

Patna High Court CR. MISC. No.6987 of 2025, decided 25-08-2025 (Chandra Shekhar Jha, J.), arising out of PS Case No.-70/2022, P.S. Mirganj, Gopalganj: second custody-based bail prayer of Vijay Sah (in custody since 26.02.2022; earlier prayer Cr. Misc. No.63943 of 2023 rejected 03.01.2024) rejected as trial at fag end with only the Investigating Officer left; SP Gopalganj directed to ensure I.O.'s examination on next date; trial court to finish trial within three months, failing which bail prayer renewable; petitioner's counsel had invoked speedy trial and relied on Hussainara Khatoon (1980) 1 SCC 98.

What did the court decide?

No immediate relief; the petitioner remains in custody, but he shall be at liberty to renew his bail prayer if the trial is not concluded within three months. ¶¶26

Vijay Sah Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No immediate relief; the petitioner remains in custody, but he shall be at liberty to renew his bail prayer if the trial is not concluded within three months.

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Issue for consideration

Whether the petitioner, in custody since 26.02.2022 with prosecution-witness examination still incomplete, is entitled to release on bail solely on the ground of prolonged custody and the right to speedy trial. +1 more

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Court's answer

As the trial of the case is at its fag end, the prayer of bail of the petitioner resting only on the ground of custody is rejected on the second occasion as well.

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Ratio / Principle

The Superintendent of Police, Gopalganj is directed to secure the positive examination of the I.O. of this case on the next date of hearing, and a copy of the order is to be sent to him for immediate compliance.

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Key takeaways

Considering the progress of trial and the custody period, the learned trial court is directed to conclude the trial positively within three months, failing which the petitioner shall be at liberty to renew his prayer of bail, if so advised.ratio¶¶31

Detailed headnote1 paragraphs

Second successive bail application (Cr. Misc. No.6987 of 2025, decided 25-08-2025 by Chandra Shekhar Jha, J., Patna High Court) of Vijay Sah, accused in PS Case No.-70 of 2022 (P.S. Mirganj, District Gopalganj), who is in custody since 26.02.2022; his first prayer of bail through Cr. Misc. No.63943 of 2023 was rejected on 03.01.2024 by a learned co-ordinate Bench. Counsel urged bail purely on the ground of custody, citing incomplete prosecution-witness examination and the right to speedy trial, relying on Hussainara Khatoon & Ors vs. Home Secretary, State of Bihar, (1980) 1 SCC 98; the learned APP countered that the trial was almost over with only the Investigating Officer left to be examined. The Court found the trial at its fag end and rejected the custody-ground bail prayer on the second occasion also; it directed the Superintendent of Police, Gopalganj to secure the I.O.'s examination positively on the next hearing date and sent a copy of the order for immediate compliance; it further directed the trial court to conclude the trial positively within three months, failing which the petitioner shall be at liberty to renew his prayer of bail, if so advised.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6987 of 2025

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Arising Out of PS. Case No.-70 Year-2022 Thana- MIRGANJ District- Gopalganj

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

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Vijay Sah, S/o Late Namo Sah, R/o Kashim Samail, P.S.-Mirganj, District - Gopalganj

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance : For the Petitioner/s : Mr. Thakur Brajesh Singh, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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5 25-08-2025

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This is the second successive bail petition of this

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petitioner after rejecting of his first payer of bail through Cr.

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Misc. No.63943 of 2023 dated 03.01.2024, which was

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rejected considering the available merit by one of the learned co-ordinate Bench of this Court.

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The accused/petitioner is in custody since

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26.02.2022.

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It is submitted by learned counsel appearing for

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the petitioner that still examination of prosecution witness not

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appears completed in present case and, therefore, in want of

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trial, the petitioner cannot be kept behind the bar for indefinite period. It is submitted that speedy trial is fundamental right of petitioner and, therefore, the petitioner

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Patna High Court CR. MISC. No.6987 of 2025(5) dt.25-08-2025 2/3

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deserves bail on the ground of his custody. In support of his submission, learned counsel has relied upon a legal report of Hon’ble Supreme Court as available through Hussainara

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Khatoon & Ors vs. Home Secretary, State of Bihar reported in (1980) 1 SCC 98 .

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Learned APP while opposing the prayer of bail submitted that the trial of this case is almost concluded as only one witness, which remains to be examined in present matter is Investigating Officer of this case, who shall be examined positively on next date of hearing.

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Considering the aforesaid, as trial of this case is at its fag end, accordingly, the prayer of bail of petitioner only on the ground of custody is rejected herewith on second occasion also.

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The Superintendent of Police, Gopalganj is directed to secure the examination of I.O. of this case positively on next date of hearing.

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Let a copy of this order be sent to the Superintendent of Police, Gopalganj for its immediate compliance.

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Patna High Court CR. MISC. No.6987 of 2025(5) dt.25-08-2025 3/3

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Considering the progress of trial and the custody

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period of petitioner, the learned trial court is directed to conclude the trial positively within three months, failing which the petitioner shall be at liberty to renew his prayer of bail, if

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so advised.

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(Chandra Shekhar Jha, J.)

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Sanjeet/-

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U T

Vijay Sah v. The State of Bihar

Case brief

What is this about?

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Vijay Sah v. The State of Bihar

Case brief

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What the court decided

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