Patna High Court
Akhilesh singhversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court denied regular bail to the petitioner, holding that the seriousness of the charges and the advanced stage of trial preclude bail at this time.
Summary
The petitioner, Akhilesh Singh, was arrested in connection with a case involving alleged assault with an iron rod and farsa that resulted in the death of the informant’s brother, and is charged under multiple IPC sections including murder (302) and attempt to murder (307). He applied for regular bail, claiming innocence, lack of prior criminal record, and pointing to a similar co‑accused who had been granted bail in a prior order (Cr. Misc. No. 26.03.2025). The State and the informant opposed bail, emphasizing the seriousness of the offences, specific allegations against the petitioner, and the fact that the trial was nearing its conclusion with only two official witnesses yet to be examined. After hearing both sides, the court held that granting bail at this stage would be inappropriate given the gravity of the charges and the advanced stage of the trial. Consequently, the bail petition was rejected, though the petitioner was permitted to renew the application after three months if the trial remained pending. The trial court was directed to expedite the remaining proceedings within the stipulated period.
Issues considered
- Whether regular bail can be granted to an accused facing multiple serious offences including murder and attempt to murder at the fag end of trial.
- Whether the petitioner’s claim of innocence and lack of prior record outweighs the nature of the allegations and the stage of the proceedings.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 324, 341, 504, 506
Subjects
- regular bail
- IPC offences
- murder
- attempt to murder
- trial at fag end
- criminal procedure
- bail jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14814 of 2026
Arising Out of PS. Case No.-313 Year-2023 Thana- LAURIA District- West Champaran
======================================================
Akhilesh singh S/O Late Gaya Singh R/O Sirkahiya, PPS-Lauriya, Distt-West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
For the Informant : Ms. Kumari Aakansh Rai, Advocate
Mr. Sarvesh Kashyap, Advocate
Mr. Deepak Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-03-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner has prayed for regular bail in
connection with Lauriya P.S. Case No. 313 of 2023 instituted
for the offence under Sections 147, 148, 149, 341, 323, 324,
307, 302, 504 and 506 of IPC.
3. The case of the prosecution is that the petitioner
and one Chandan Kumar assaulted with iron rod and farsa to the
brother of the informant due to which he succumbed to injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and committed no offence. The nature of
allegation is general and omnibus. He has further submitted that
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similarly situated other co-accused person has already been
granted bail by learned co-ordinate Bench of this court vide Cr.
Misc. No. 26.03.2025. Moreover, the petitioner is languishing in
judicial custody since 05.03.2024 having no criminal
antecedent.
5. Learned APP appearing for the State and learned
counsel for the informant have opposed the prayer of regular
bail. Learned counsel for the informant has submitted that from
perusal of the FIR, it is clear that though in this case there are
nine accused persons but specific allegation against this
petitioner and Chandan that they have assaulted the brother of
the informant with farsa and iron rod due to which he died. It
has further been submitted that the case of this petitioner is not
similar to that of Dilip Singh as he was having only allegation of
assaulting the informant and the informant has sustained simple
injury. Learned counsel for the informant has further submitted
that in this case trial is in progress and out of six witnesses only
two official witnesses are remain to be examined.
6. Having heard the learned counsel for the parties
and considering the aforesaid facts and circumstances of this
case and as the trial is at its fag end, this court is not inclined to
enlarge the petitioner on bail at this stage and, as such, his
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prayer for bail stands rejected.
7. However, the petitioner will be at liberty to renew
his prayer for bail after three months if the trial is not
concluded.
8. Learned trial court is directed to expedite the trial
conclude the same within the period as stated above.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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