Sanjay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71134 of 2025 Arising Out of PS. Case No.-98 Year-2022 Thana- GURUA District- Gaya ====================================================== Sanjay Chaudhary Son of Late Santan Chaudhary R/o Village - Nababchak, P.S. - Gurua, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prithivi Raj Singh, Adv.

For the Opposite Party/s :

Mr. Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-02-2026 Heard the parties.

2. The petitioner seeks bail in connection with Gurua P.S. Case No. 98 of 2022 registered for the offence under Sections 302, 34 of the I.P.C.

3. The petitioner is named in the F.I.R. and is in custody since 07.04.2022.

4. The allegation against the petitioner is to commit murder of sister of the informant who is none but the wife of the petitioner on intervening night of 05.04.2022.

5. Learned counsel appearing on behalf of the petitioner submitted that informant is not the eye witness of the occurrence and merely on the basis of suspicion the

Patna High Court CR. MISC. No.71134 of 2025(2) dt.05-02-2026 2/3 present false case was lodged due to paternal property dispute where the wife of this petitioner is also one of the coparcener. While concluding the argument, it is submitted that petitioner remains in custody for about 3 years i.e., since 07.04.2022 with almost no progress in trial as not even a single witness has been examined in this case.

6. Learned APP while opposing the prayer of bail could not disputed the aforesaid custody period.

7. In view of aforesaid factual submission and by taking note of fact as informant is not the eye witness of the occurrence, coupled with fact that petitioner remains in custody for about 3 years i.e., 07.04.2022 with almost no progress in trial suggesting prima-facie violation of fundamental right of petitioner qua speedy trial as available under article 21 of the Constitution of India, accordingly petitioner above named, is directed to be released on bail in connection with Gurua P.S. Case No. 98 of 2022 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.71134 of 2025(2) dt.05-02-2026 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Addl. Sessions Judge 1st Sherghati, Gaya/concerned court, subject to the conditions as mentioned under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T