Patna High Court
Rahul Mental @ Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The appeal is disposed with a direction to the trial court to conclude the trial within six months of this order.
Summary
The appellant, Rahul Kumar, was charged with murder, criminal conspiracy, common intention and an arms offence under Sections 302, 120(B), 34 of the IPC and Section 27 of the Arms Act, with additional provisions of the SC/ST (POA) Act. He filed a third application for regular bail under the Bail Application Special Act, 2026. The counsel for the appellant argued that most witnesses had already been examined and requested that the trial be expedited. The State and the informant opposed bail but did not contest the appellant’s request for speedy trial. The High Court disposed of the appeal, directing the lower court to conclude the trial within six months of the order, without granting or denying bail.
Issues considered
- Whether the appellant is entitled to regular bail under the Bail Application Special Act, 2026 in a case involving offences under the IPC, Arms Act and SC/ST (POA) Act
- Whether the trial should be expedited and concluded within a specific time frame
Legislation cited
- Arms Act — s. 27
- Bail Application Special Act — s. 290
- Indian Penal Code — s. 120(B), 302, 34
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- regular bail
- SC/ST Act
- murder
- criminal conspiracy
- arms offence
- trial expeditious
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1542 of 2026
Arising Out of PS. Case No.-235 Year-2021 Thana- MAGADH MEDICAL COLLEGE
District- Gaya
======================================================
Rahul Mental @ Rahul Kumar S/o- Kamlesh Yadav R/v- Sheodhar Bigha Ps-
Bodhgaya Dist- Gaya Ji
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Vijay Vishwakarma S/o- Late Mushari Mistri R/v- Kendua Ps- Magadh
Medical College Dist- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Aryan Singh
For the Respondent/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard the parties including the learned counsel for
the informant Mr. Manoj Kumar.
2. This is the third attempt of the appellant for grant
of regular bail in connection with SC/ST Trial No. 35 of 2022
arising out of Bail Application Special Act No. 290 of 2026
arising out of Magadh Medical P.S. Case No. 235 of 2021
registered for the offence under Sections 302, 120(B) and 34 of
the Indian Penal Code, under Section 27 of the Arms Act.
Sections 3(2)(v) of the SC/ST (POA) Act were added later.
3. Learned counsel for the appellant has very fairly
submitted that in the trial, almost all the witnesses have been
examined and she further prayed that the trial of the petitioner
Patna High Court CR. APP (SJ) No.1542 of 2026(2) dt.11-05-2026
2/2
may be directed to be expedited.
4. Learned counsel for the Informant and learned Spl.
P.P. for the State have opposed the prayer of the appellant for
grant of bail but they have no objection to the aforesaid
submission of the learned counsel for the appellant.
5. In view of the above, this appeal stands disposed of
with a direction to the Court below to conclude the trial of the
appellant at the earliest, preferably within six months of the
communication of a copy of this order.
(Sandeep Kumar, J)
Vikas/-
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