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Patna High Court

Bikash Kumar @ Vikash KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the bail application, refusing to grant regular bail to the petitioner.

Summary

Bikash Kumar was charged under Sections 307, 302 and 34 of the Indian Penal Code for assaulting an informant and his son, resulting in the son's death. He has been in custody since July 2023 and this was his third application for regular bail. The trial has progressed with only two of seven witnesses examined. The petitioner argued that the ongoing trial and Supreme Court precedent in X vs. State of Rajasthan should merit bail. The court, noting that the petitioner is the alleged assailant of the deceased and that the trial is still underway, declined to grant bail, directing the trial court to expedite proceedings and ensure witness attendance. Consequently, the bail application was dismissed.

Issues considered

  • Whether regular bail should be granted to an accused charged with murder and attempt to murder while the trial is pending
  • Whether the fact that only two of seven witnesses have been examined affects the bail decision
  • Whether the Supreme Court decision in X vs. State of Rajasthan & Anr. is applicable to deny bail in the present case

Legislation cited

Subjects

  • bail
  • murder
  • attempted murder
  • IPC
  • Section 307
  • Section 302
  • Section 34
  • trial proceedings
  • witness examination
  • Supreme Court precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1360 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.18811 of 2025
                   Arising Out of PS. Case No.-274 Year-2023 Thana- NAUTAN District- West Champaran
                 ======================================================
                 Bikash Kumar @ Vikash Kumar S/O Pannalal Ram Resident of Village -
                 Dhum Nagar, Noniarwan Tola, Police Station- Nautan, Dist- West Champaran

                                                                                      ... ... Petitioner
                                                         Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :        Mr. Shiv Sager Sharma, Advocate
                 For the State             :        Mr. Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                      2.       This is the third attempt on behalf of the

                   petitioner for grant of regular bail in connection with Nautan

                   P.S. Case No.274 of 2023 registered for the offence under

                   sections 307, 302/34 of the Indian Penal Code.

                                      3.       Earlier, the bail applications of the petitioner

                   were rejected by this Court vide orders dated 14.03.2024 and

                   12.05.2025 passed in Criminal Miscellaneous Nos.18456 of

                   2024 and 18811 of 2025. The order dated 12.05.2025, by which

                   the bail application of the petitioner was rejected for the second

                   time reads as under:-

                                               “Heard the learned counsel for the
                                      petitioner and the learned APP for the State.
Patna High Court CR. MISC. No.1360 of 2026(2) dt.12-02-2026
                                            2/3




                                  2. This is the 2nd attempt of the
                          petitioner. Earlier the bail application of the
                          petitioner was rejected by a co-ordinate Bench
                          of this Court vide order dated 14.03.2024
                          passed in Cr. Misc. No. 18456 of 2024.
                                  3. The petitioner seeks regular bail in a
                          case registered for the offence under Sections
                          307, 302/34 of the Indian Penal Code.
                                  4. As per the prosecution case, the
                          petitioner is said to have assaulted the
                          informant and his son as a result of which the
                          son of the informant died during the course of
                          treatment.
                                  5. In the trial, the charge has been
                          framed on 04.04.2025. The petitioner is in
                          custody since 07.07.2023.
                                  6. Since the petitioner is the assailant of
                          the deceased, I am not inclined to grant bail to
                          the petitioner. Accordingly, this application for
                          regular bail is hereby rejected.
                                  7. The court below is directed to
                          expedite the trial of the petitioner.
                                  8. The Superintendent of Police, West
                          Champaran        is   directed      to    ensure     the
                          attendance of the witnesses in the trial.
                                  9. Let a copy of this order be
                          communicated to the Superintendent of Police,
                          West    Champaran       through          FAX   for   its
                          compliance forthwith.”


                          4.      It has been submitted by learned counsel for

          the petitioners that out of seven witnesses, two witnesses have

          been examined in the trial.
              Patna High Court CR. MISC. No.1360 of 2026(2) dt.12-02-2026
                                                          3/3




                                        5.      Considering the fact that the trial is

                        proceeding and also the law laid down down by the Hon’ble

                        Supreme Court in the case of X vs. State of Rajasthan & Anr.

                        reported as 2024 SCC OnLine SC 3539, I am not inclined to

                        review my earlier order. Accordingly, this bail application is

                        dismissed.


                                                                   (Sandeep Kumar, J)


pawan/-

U         T


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