Patna High Court

Rajesh Kumar @ Rajesh YadavversusThe State of Bihar

Decided: 25 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The application for regular bail was dismissed, with no ground to review the earlier order.

Summary

The petitioner, Rajesh Kumar, sought regular bail for an offence under Section 395 of the Indian Penal Code, relating to a murder alleged to have occurred in Barhat. His earlier bail application was dismissed on 10 September 2025. The prosecution contended that the petitioner and others brutally killed the deceased, and the court considered the post‑mortem report and the allegations. The petitioner’s counsel argued his innocence, clean antecedents, and that he had been in custody since 26 February 2025. The High Court found no merit to revisit its earlier order and dismissed the second bail application.

Issues considered

What is the appropriateness of granting regular bail in a case involving alleged murder under Section 395 IPC?
Whether the High Court can review its earlier order denying bail.

Legislation cited

Indian Penal Code — s. 395

Subjects

regular bail
Section 395 IPC
high court
review of order
criminal procedure
bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13124 of 2026
                         Arising Out of PS. Case No.-12 Year-2025 Thana- MAIGRA District- Gaya
                 ======================================================
                 Rajesh Kumar @ Rajesh Yadav S/o Bali Yadav @ Rambali Yadav R/o Village
                 - Chonha Tola Naykadih, P.S - Maigra, District - Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Kumar Singh, Advocate
                 For the Opposite Party/s :       Ms.Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-02-2026                   Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection with Barhat P.S. Case No. 55 of

                   2024 registered for the offence under Section 395 of the Indian

                   Penal Code. Earlier the bail application of the petitioner was

                   dismissed vide order dated 10.09.2025 passed in Cr. Misc. No.

                   40747 of 2025.

                                3. As per the prosecution case, petitioners and others

                   have killed the deceased brutally.

                                4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely

                   implicated in this case. Petitioner has clean antecedent and he is

                   in custody since 26.02.2025.

                                5. Considering the post-mortem report of the deceased
              Patna High Court CR. MISC. No.13124 of 2026(2) dt.25-02-2026
                                                          2/2




                        and the allegations levelled against the petitioner, this Court

                        finds no ground to review its earlier order.

                                     6. Accordingly, this application is dismissed again.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

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