Patna High Court

Ganesh KumarversusThe State of Bihar

Decided: 3 April 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The court held that, in the absence of any fresh ground and with the trial on the verge of conclusion, the bail petition must be rejected.

Summary

Ganesh Kumar was charged under Sections 363, 364, 302 and 201 of the Indian Penal Code for offences arising from a case registered in Gopalpur Police Station. He has been in judicial custody since 31 March 2024 and filed a third bail application, having previously been denied bail on merit. The petitioner argued that he has no criminal antecedents and that the trial is not yet concluded, seeking regular bail. The State opposed the bail, noting that the trial is near completion with only one witness left and that no new ground has been raised. The court examined the trial report, found the case likely to be disposed of within a month, and consequently rejected the bail petition, directing the lower court to expedite the trial within one and a half months, after which the petitioner may re‑apply.

Issues considered

Whether the petitioner is entitled to bail at this stage of the trial despite earlier rejections
Whether the absence of any fresh ground warrants reconsideration of the bail application

Legislation cited

Indian Penal Code — s. 201, 302, 363, 364

Subjects

bail
Indian Penal Code
trial expeditious
judicial custody
repeat bail application
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10214 of 2026
                       Arising Out of PS. Case No.-115 Year-2024 Thana- GOPALPUR District- Patna
                 ======================================================
                 Ganesh Kumar Son of Rameshwar Yadav R/O Village - Balwapur, P.S. -
                 Dhanarua, District - Patna.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhirendra Prasad Sinha
                 For the Opposite Party/s :       Mr.Pramod Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   03-04-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with S.T.

                   No. 1387 of 2024, arising out of Gopalpur P.S. Case No. 115 of

                   2024 instituted for the offences under Sections 363 of the Indian

                   Penal Code. Subsequently, Sections 364, 302 & 201 of the IPC

                   were added.

                           3.       This is the third attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected on merit by this Court vide orders

                   dated 20.11.2024 and 24.09.2025, passed in Cr. Misc. No.

                   70442 of 2024 and Cr. Mic. No. 62308 of 2025, taking into

                   account no fresh ground to reconsider the matter which was
Patna High Court CR. MISC. No.10214 of 2026(3) dt.03-04-2026
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          already decided on merit, in the last rejection order.

                  4.       In compliance of the order dated 13.02.2026, a

          report dated 10.03.2026 with regard to the present stage of trial

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

          appears that only one witness is yet to be examined. It is further

          reported that case is expected to be disposed of within a month .

                  5.       Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 31.03.2024

          without any rhymes or reason, having no criminal antecedent.

          Learned counsel for the petitioner submits that there is no

          likelihood of the trial being concluded in the near future, hence,

          petitioner may be enlarged on bail.

                  6.       Learned APP for the State opposes the prayer for

          grant of bail.

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

          of the petitioner. From the aforesaid report, it appears that the

          trial is going on and is on the verge of its conclusion.

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

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

          expedite the trial and conclude the same expeditiously

          preferably within a period of one and a half months from today.

          If the trial is not concluded within the period of one and a half
           Patna High Court CR. MISC. No.10214 of 2026(3) dt.03-04-2026
                                                       3/3




                     months, as stated above, the petitioner will be at liberty to renew

                     his prayer before the court below.



                                                                 (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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