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Patna High Court

Tinku KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied, and the trial was ordered to be expedited within two months, with a provision to renew the bail application thereafter.

Summary

The petitioner, Tinku Kumar, was charged under Sections 366A, 365 and 34 of the Indian Penal Code for alleged rape offences. He applied for bail for the third time, arguing that the trial had only reached the stage of charge framing with no witness examination and that he had been in judicial custody since September 2023. The State opposed bail, relying on a 2024 Supreme Court decision that bail should rarely be granted once trial commences in serious offences. The Patna High Court held that there were no fresh grounds for bail and, since the trial had already started, refused the application. The court directed the lower court to expedite the trial and complete it within two months, allowing the petitioner to renew his bail plea if the trial is not concluded within that period.

Issues considered

  • Whether bail can be granted when the trial has commenced but no witnesses have been examined and there is a delay in trial completion.
  • Whether the Supreme Court precedent in X vs. State of Rajasthan (2024) bars bail in serious offences once trial begins.
  • Whether the petitioner has any fresh ground to justify bail after previous rejections.

Legislation cited

Subjects

  • bail
  • rape
  • serious offences
  • trial delay
  • expeditious trial
  • IPC
  • CrPC
  • high court
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11634 of 2026
                        Arising Out of PS. Case No.-559 Year-2017 Thana- NAGAR District- Vaishali
                 ======================================================
                 Tinku Kumar S/o Late Chulhai Ray Resident of Village- Litiyahi, Police
                 Station- Ganga Bridge, Dist.- Vaishali


                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================

                 Appearance :
                 For the Petitioner/s     :        Mr. Sweety Sinha, Advocate
                 For the Opposite Party/s :        Mr. Rana Randhir Singh, APP
                 ======================================================

                 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 Hajipur

                   Town P.S. Case No. 559 of 2017 instituted for the offences

                   under Sections 366A, 365, 34 of the Indian Penal Code.

                             3. Earlier vide order dated 20.09.2024 passed in Cr.

                   Misc. No. 13281 of 2024 and again vide order dated 02.09.2025

                   passed in Cr. Misc. No. 46224 of 2025, regular bail of the

                   petitioner was rejected by this Court twice, considering the

                   material against the petitioner as also Section 164 Cr.P.C.

                   statement of the victim.
Patna High Court CR. MISC. No.11634 of 2026(3) dt.03-04-2026
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                   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 none of the witnesses have been examined and only charges

          have been framed. It is further reported that trial is likely to be

          concluded in six months.

                   5. Learned counsel for the petitioner submits that this is

          the third application of the petitioner for grant of bail filed in the

          light of the liberty granted by this Court vide order dated

          02.09.2025 in Cr. Misc. No. 46224 of 2025 to renew the prayer

          of bail after a period of five months if the trial is not concluded.

          He further submits that none of the witnesses has been

          examined as yet and only charge has been framed and there is

          no likelihood of conclusion of trial in near future. He further

          submits that the petitioner is languishing in judicial custody

          since 02.09.2023 without any rhymes or reason.

                   6. Learned APP for the State opposes the prayer for

          grant of bail. Learned APP for the State relied upon a decision

          of the Hon’ble Apex Court reported in 2024 SCC OnLine SC

          3539 (X. vs. State of Rajasthan & Anr.), wherein in paragraph

          no. 14, the Hon’ble Apex Court has held has under:

                          “14. Ordinarily in serious offences like rape,
Patna High Court CR. MISC. No.11634 of 2026(3) dt.03-04-2026
                                             3/4




                          murder, dacoity, etc., once the trial commences and

                          the prosecution starts examining its witnesses, the

                          Court, be it the Trial Court or the High Court

                          should be loath in entertaining the bail application

                          of the accused.”

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

          of the petitioner and since the trial has commenced, this Court is

          not inclined to grant bail to the petitioner.

                   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 two months from today. If the trial

          is not concluded within the period of two months, as stated

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

          the court below.

                   9.    The      District      Magistrate,    Vaishali   and   the

          Superintendent of Police, Vaishali are directed to ensure the

          presence of the witnesses before the learned court below as and

          when required for the expeditious conclusion of the trial within

          the stipulated time.

                   10. Let a copy of this order be communicated to the

          District Magistrate, Vaishali and the Superintendent of Police,
           Patna High Court CR. MISC. No.11634 of 2026(3) dt.03-04-2026
                                                       4/4




                     Vaishali for compliance.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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