Patna High Court
Rakesh Kumar @ RokiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner on account of the inordinate delay in trial.
Summary
Rakesh Kumar was arrested in May 2023 for alleged murder under Sections 302, 120(B) and 34 of the IPC and for offences under the Arms Act. He remained in custody for over two years, during which the trial progressed slowly; only two of seventeen witnesses had been examined and none for the last six months. The petitioner filed his third application for regular bail, arguing that the delay violated his right to a speedy trial. The court examined the prosecution’s case and considered the seriousness of the charges against the extent of the delay. Finding the delay inordinate and unjustified, the court allowed the bail application, directing a bail bond of Rs 10,000 with two sureties and imposing conditions of regular police‑station attendance and cooperation with the trial. The order also warned that non‑compliance would lead to cancellation of bail.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder and arms offences
- Whether the inordinate delay in trial justifies the grant of bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- Indian Penal Code
- Arms Act
- trial delay
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13538 of 2026
Arising Out of PS. Case No.-291 Year-2023 Thana- BARHARA District- Bhojpur
======================================================
Rakesh Kumar @ Roki Son of Basawan Prasad @ Basawan Bin Resident of
Village - Ujiyar Tola, P.S.- Ara Nagar, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Nirmala Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the third attempt of the petitioner for
grant of regular bail in connection with Barahara P.S. Case No.
291 of 2023 registered for the offence under Sections 302,
120(B)/34 of the Indian Penal Code and under Sections 25(1-
b)a, 26, 35 and 27 of the Arms Act.
3. As per the prosecution case, the petitioner is
alleged to have been involved in the killing of the deceased.
4. The petitioner is in custody since 19.05.2023 and
it has been submitted by the learned counsel for the petitioner
that the trial is delayed and out of 17 witnesses only two have
been examined till date. He next submits that for the last six
months, no witnesses has been examined.
5. Considering the period of custody of the
Patna High Court CR. MISC. No.13538 of 2026(2) dt.25-02-2026
2/2
petitioner and the delay in the trial, this application is allowed.
6. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned District and Sessions Judge, Bhojpur at
Ara/concerned Court in connection with Barahara P.S. Case No.
291 of 2023.
7. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at Ara
Nagar Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
8. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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