Patna High Court
Mukul Kumar @ Subham KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed as there are no fresh grounds to grant bail.
Summary
The petitioner, Mukul Kumar, sought bail in a criminal case (PS Case No. 360 of 2024) for alleged offences under Sections 281, 125 and 105 of the Bharatiya Nyaya Sanhita, 2023. The Patna High Court had earlier rejected his regular bail on 28 July 2025. On the present application, the court noted that none of the seven witnesses had been examined and the trial was projected to conclude in nine months. The petitioner argued that he had been in judicial custody since 17 September 2024 without justification. The State opposed the bail, and the court found no fresh ground to revisit the earlier decision. Consequently, the bail petition was again rejected, with a directive to the lower court to expedite the trial within four months, and the petitioner was allowed to renew his bail application if the trial is not concluded within that period.
Issues considered
- Whether the petitioner is entitled to bail in view of the pending trial and the circumstances of his detention
- Whether any fresh ground exists to reconsider the earlier denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 105, 125, 281
Subjects
- bail
- judicial custody
- criminal procedure
- Bharatiya Nyaya Sanhita
- trial expeditious
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11805 of 2026
Arising Out of PS. Case No.-360 Year-2024 Thana- RANIYATALAB District- Patna
======================================================
Mukul Kumar @ Subham Kumar S/O Ashok Kumar @ Ashok Kumar Singh
Resident of Village-Gorhna, Police Station- Neura, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, 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 Ranitalab
P.S. Case No. 360 of 2024 instituted for the offences under
Sections 281, 125, 105 of the Bharatiya Nyaya Sanhita, 2023.
3. Earlier vide order dated 28.07.2025 passed in Cr.
Misc. No. 22434 of 2025 regular bail of the petitioner was
rejected by this Court considering the specific allegation against
the petitioner.
4. In compliance of the order dated 13.02.2026 a report
dated 21.02.2026 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
that there are altogether seven witnesses but none of them have
Patna High Court CR. MISC. No.11805 of 2026(3) dt.03-04-2026
2/2
been examined. It is further reported that trial is likely to be
concluded in nine months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 17.09.2024
without any rhymes or reason.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no fresh ground to consider the bail petition
of 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 four months from today. If the trial
is not concluded within the period of four 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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