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Patna High Court

Avinash Kumar @ RayfalversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail petition was dismissed as there was no new ground to alter the earlier decision.

Summary

Avinash Kumar was charged under multiple serious offences, including sections 342, 326, 307, 302, 120B of the IPC, Section 27 of the Arms Act and Section 3(2)(v)(va) of the SC/ST (Prevention of Atrocities) Act. He had been in judicial custody since July 2024 and had previously applied for bail, which was rejected by the trial court and once before by this High Court. The appellant filed a second bail petition, arguing that he had no other criminal antecedents except one pending case on bail. The State opposed, noting that the trial was at an advanced stage with seven of eleven prosecution witnesses already examined. The High Court found no new material or ground to revisit the earlier decision, rejected the bail application again, and directed the trial court to complete the trial within one and a half months, allowing a fresh bail petition thereafter.

Issues considered

  • Whether bail should be granted to the appellant at the present advanced stage of a serious criminal trial.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • trial stage
  • serious offences
  • SC/ST Act
  • Arms Act
  • IPC
  • high court
  • appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4771 of 2025
                        Arising Out of PS. Case No.-127 Year-2024 Thana- PUNPUN District- Patna
                 ======================================================
                 Avinash Kumar @ Rayfal S/O Late Subodh Singh R/O- Vill-Shivnagar Nur
                 Mohamadpur, P.S- Parsa Bazar, Distt- Patna

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Sameer S/O Late Sarwanand Singh R/O Vill.- Barhiya Kol, P.S- Punpun,
                 Dist.- Patna . At present R/O- Vill-Shivnagar Nur Mohamadpur, P.S- Parsa
                 Bazar, Distt- Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mrs. Priyanka Singh, Advocate
                 For the Respondent/s    :        Mrs. Usha Kumari 1, APP
                 For the O.P. No. 2      :        Mr. Indrajeet Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   05-02-2026                   Heard learned counsel for the appellant, learned SPP

                   for the State and learned counsel for the opposite party no. 2.

                          2.       The instant appeal has been filed by the appellant

                   against the order dated 10.11.2025 passed by learned Exclusive

                   Special Judge, SC/ST Act, Civil Court (Sadar), Patna whereby

                   the prayer for bail of the appellant in connection with Punpun

                   P.S. Case No. 127 of 2024 under Sections 342, 326, 307, 302,

                   120B of the Indian Penal Code, read with Section 27 of the

                   Arms Act and Section 3(2)(v)(va) of SC/ST Act was rejected.

                          3.       This is the second attempt of the appellant for bail.

                   The appellant has renewed his prayer for grant of regular bail
Patna High Court CR. APP (SJ) No.4771 of 2025(3) dt.05-02-2026
                                             2/3




          which was earlier rejected by this Court vide order dated

          19.06.2025 passed in Cr. Misc. No. 5220 of 2024 taking into

          account the nature and gravity of the offence alleged as also the

          trial being commenced and is already in progress.

                  4.      In compliance of the order dated 16.12.2025, a

          report dated 06.01.2026 with regard to the present stage of trial

          has been received. From perusal of the aforesaid report, it

          appears that out of 11 prosecution witnesses, seven witnesses

          have been examined in this case. It is further reported that last

          witness has been examined on 10.11.2025 and after that no other

          witness has been produced.

                  5.      Learned counsel for the appellant submits that the

          appellant is languishing in judicial custody since 27.07.2024

          without any rhymes or reason and has got one criminal

          antecedent in which he is on bail.

                  6.      Learned SPP for the State and learned counsel for

          the informant have vehemently opposed the prayer for grant of

          bail to the appellant. Learned counsel for the informant

          submitted that the trial is in progress and except I.O., all the

          witnesses have been examined in this case.

                  7.      There is no new ground to consider the bail petition

          of the appellant. From the aforesaid report and submission of
             Patna High Court CR. APP (SJ) No.4771 of 2025(3) dt.05-02-2026
                                                          3/3




                       learned counsel for the opposite party no. 2, it appears that the

                       trial is going on and is at an advance stage.

                                    8. In view of the above, the prayer for bail of the

                       appellant is again rejected with a direction to the court below to

                       expedite the trial and conclude the same preferably within a

                       period of one and a half month from today. If the trial is not

                       concluded within the period of one and a half month, as stated

                       above, the appellant will be at liberty to renew his prayer before

                       the court below.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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