Chandan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10140 of 2025 Arising Out of PS. Case No.-451 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== Chandan Sah Son of Dinesh Sah Resident of village -Maruki PS -Sursand District -Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul, Sr. Advocate Mr.Birendra Kumar, Advocate For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-07-2025 Heard learned senior counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Sursand P.S. Case No. 451/2023 registered for the offence under Sections 302/363/201/120(B)/34 of the Indian Penal Code.
3. The accused/petitioner is named in the F.I.R. and is in custody since 16.08.2023.
4. Allegation against petitioner is to commit murder of son of the informant after kidnapping him alongwith other co-accused persons.
5. Mr. Ansul, learned Senior Counsel appearing on behalf of the petitioner submitted that the dead body of
Patna High Court CR. MISC. No.10140 of 2025(5) dt.24-07-2025 2/3 deceased son of the informant was recovered in furtherance of joint confession of petitioner and one named co-accused, namely, Jilajit Sahani. It is submitted that with this allegation only petitioner is in custody since 16.08.2023. It is submitted by Mr. Ansul that earlier while rejecting the prayer of bail of one co-accused, namely, Vidyanand Kumar, through Cr. Misc. No. 5736 of 2024 dated 08.04.2024, one of the learned coordinate Bench of this Court directed learned trial court to conclude the trial of this case within a period of one year and if it so, then the trial must be concluded before 3 months but even till now, charge could not framed in this matter. Petitioner is a man of clean antecedent.
6. Learned APP duly assisted by learned counsel appearing on behalf of the informant while opposing the prayer of bail submitted that on the basis of confession of this petitioner, the dead body was recovered by police.
7. As per report dated 02.07.2025 made available to this Court from the office of the learned Principal District and Sessions Judge, Sitamarhi, through letter no. 40 of 2025 it appears that matter is fixed for framing of charge.
Patna High Court CR. MISC. No.10140 of 2025(5) dt.24-07-2025 3/3
8. Considering the aforesaid, as the dead body was recovered on the basis of confessional statement of the petitioner, accordingly, prayer of bail of petitioner is rejected herewith for the present.
9. Considering the custody period, as petitioner is in custody since 16.08.2023, the learned trial court is directed to conclude the trial in accordance with law, preferably within nine months, failing which petitioner may renew the prayer of bail, if so advise.
(Chandra Shekhar Jha, J) veena/- U T