Created by Fuzzy Cloud

Patna High Court

RAKESH KUMARversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The High Court denied regular bail to the petitioner, holding that the circumstances did not justify its grant.

Summary

Rakesh Kumar was charged under Sections 302, 379 and 34 of the Indian Penal Code in a case registered on 17 June 2022. He applied for regular bail before the Patna High Court after his earlier bail applications had been rejected twice. The State opposed the bail, and the informant’s report indicated that the trial was at the argument stage and had been transferred to another court. The Court examined the seriousness of the offences and the fact that the trial was still pending. It concluded that the circumstances did not warrant the grant of bail and therefore rejected the petition. The Court also directed the trial court to conclude the trial and pass a final order within two months.

Issues considered

  • Whether regular bail should be granted to the petitioner charged with murder, theft and criminal conspiracy under Sections 302, 379 and 34 IPC.
  • Whether the prior rejection of bail applications and the transfer of the case affect the grant of bail.

Legislation cited

Subjects

  • regular bail
  • Indian Penal Code
  • Section 302
  • Section 379
  • Section 34
  • murder
  • theft
  • criminal conspiracy
  • high court
  • trial pending

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14780 of 2026
                   Arising Out of PS. Case No.-165 Year-2022 Thana- CHAND District- Kaimur (Bhabua)
                 ======================================================
                 RAKESH KUMAR Son of Dinanath Gond R/o village Medh, P.S.- Chainpur,
                 District - Kiamur at Bhabua

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :       Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   03-04-2026                        Heard learned counsel for the petitioner Learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner seeks regular bail in connection with

                   Sessions Trial No. 342 of 2022, arising out of Chand P.S. Case

                   No. 165 of 2022, dated 17.06.2022, registered under Sections

                   302, 379 and 34 of the Indian Penal Code, pending before the

                   Court of the Additional Sessions Judge-II, Kaimur at Bhabua.

                                3. Learned Counsel for the petitioner submits that the

                   bail application of the petitioner has earlier been rejected twice

                   vide order dated 22.02.2023 passed in Cr. Misc. No. 62278 of

                   2022 and vide order dated 03.04.2024 passed in Cr. Misc. No.

                   4765 of 2024.

                                4. Learned counsel for the informant submits that a

                   report has been called for, and from the same, it transpires that
         Patna High Court CR. MISC. No.14780 of 2026(3) dt.03-04-2026
                                                     2/2




                   the case was at the stage of arguments and was transferred to

                   another Court on 29.05.2025.

                                5. Learned APP for the State opposes the prayer for

                   bail.

                                6. In the present facts and circumstances, this Court is

                   not inclined to grant bail to the petitioner. Accordingly, the

                   prayer for regular bail is hereby rejected.

                                7. It is hereby directed to the concerned Trial Court to

                   conclude the trial and pass a final order within two months from

                   today. If the petitioner does not support in the arguments, the

                   Trial Court shall acknowledge the same in the order sheet.



                                                               (Dr. Anshuman, J.)

Aman Kumar/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.