Patna High Court
Deepak KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court dismissed the bail application, holding that the gravity of the murder charge and the pending witness examinations did not justify the grant of bail.
Summary
The petitioner, Deepak Kumar, was charged under Sections 302, 120B and 34 of the Indian Penal Code for alleged murder and conspiracy. He filed a second application for regular bail after an earlier bail denial on 29‑11‑2023. The High Court noted that out of nine charge‑sheeted witnesses, seven had been examined and two remained unexamined, causing a delay in the trial. Despite the trial being close to conclusion, the Court held that the seriousness of the murder charge and the incomplete witness testimony did not warrant bail. Consequently, the bail application was dismissed and the Superintendent of Police was directed to ensure the presence of the remaining witnesses. The order also reiterated the earlier direction to expedite the trial.
Issues considered
- Whether regular bail can be granted to an accused in a murder case (Sec. 302 IPC) when the trial is nearing conclusion but two charge‑sheeted witnesses remain unexamined
- Whether the seriousness of the offences under Sections 120B and 34 IPC precludes bail despite procedural delays
Legislation cited
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- criminal conspiracy
- IPC
- trial delay
- witness examination
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12593 of 2026
Arising Out of PS. Case No.-68 Year-2023 Thana- PUSA District- Samastipur
======================================================
Deepak Kumar S/o- Shiv Narayan Ram @ Shivnarayan Rai R/v- Harpur
W.No-5, Ps- Pusa Samastipur Dist- Samastipur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of regular bail in connection with Pusa P.S.
Case No.68 of 2023 registered for the offence under Section
302, 120-B and 34 of the Indian Penal Code.
3. Earlier, the bail of the petitioner and other
accused persons was rejected by this Court vide order dated
29.11.2023 passed in Criminal Miscellaneous No.74168 of
2023. The aforesaid order dated 29.11.2023 reads as under:-
“Heard learned counsel appearing
on behalf of the petitioners, learned
counsel for the Informant and learned APP
appearing on behalf of the State.
2. Let the defect(s), if any, be
removed within a period of four weeks from
Patna High Court CR. MISC. No.12593 of 2026(2) dt.23-02-2026
2/3
today.
3. The petitioners seek bail in
connection with Pusa P.S. Case No. 68 of
2023 registered for the offence under
Section 302, 120B and 34 of the Indian
Penal Code.
4. As per the prosecution case, the
petitioners are said to have assaulted the
deceased and materials have come to show
that they have participated in the crime.
5. In view of the serious allegation
of murder levelled against the petitioners,
this Court is not inclined to grant bail to
the petitioners.
6. Accordingly, the prayer of bail of
the petitioners is rejected herewith.
7. The Court below is directed to
expedite the trial.
8. If there is no sufficient progress in
the trial, the petitioners may renew their
prayer for bail.”
4. In the trial, out of nine charge-sheeted
witnesses, seven witnesses have already been examined and
because of non-examination of the remaining two witnesses the
trial is not progressing.
5. Considering the fact that the trial is at the
verge of conclusion, I am not inclined to review my earlier
order. Accordingly, this bail application is dismissed.
Patna High Court CR. MISC. No.12593 of 2026(2) dt.23-02-2026
3/3
6. The Superintendent of Police, Samastipur is
directed to ensure the presence of remaining two witnesses in
the trial.
7. Let a copy of this order be communicated to
the Superintendent of Police, Samastipur forthwith through FAX
or e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.