Patna High Court
Ravi Kumar @ Ravi Kumar Tiwari @ Ravi TiwariversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was not granted to the petitioner as the court was not inclined to enlarge bail in view of the nature of the allegations and the stalled trial.
Summary
The petitioner, Ravi Kumar, was arrested on 15 November 2022 in connection with a murder case (Sections 302, 34 IPC) and an offence under Section 27 of the Arms Act. He filed multiple bail petitions, all of which were rejected, the latest being in this proceeding. The petitioner argued that he had been in custody for over three years and that the trial was not progressing due to a discharge petition he had filed. The trial court’s report confirmed that the trial was indeed stalled. The High Court, after considering the seriousness of the charges and the lack of trial progress, refused to grant bail and ordered the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to an accused of murder and arms offences when the trial is delayed due to a discharge petition.
- Whether the nature of the allegations under Sections 302, 34 IPC and Section 27 Arms Act preclude bail despite the pendency of the trial.
Legislation cited
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- conspiracy
- Arms Act 27
- trial delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15042 of 2026
Arising Out of PS. Case No.-315 Year-2022 Thana- MAHARAJGANJ District- Siwan
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Ravi Kumar @ Ravi Kumar Tiwari @ Ravi Tiwari Son of Murari Tiwari
Resident of Village - Rukundipur, Tola Dhanauta, P.S.- Daraunda, District -
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Binod Singh, Adv.
For the Opposite Party/s : Mr. Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 01-05-2026 Heard Mr. Ajit Kumar Singh, learned counsel for
the petitioner, and Mr. Mukesh Kumar Singh, learned APP for
the State.
2. The petitioner seeks bail, who is in custody since
15.11.2022 in connection with Maharajganj P.S. Case No. 315
of 2022, F.I.R. dated 08.11.2022 registered for the offence under
Sections 302, 34 of IPC and Section 27 of Arms Act.
3. The prosecution case, in brief, is that the petitioner
along with others have assaulted the father of the informant due
to which he died during course of treatment.
4. Earlier, the bail petition of the petitioner was
rejected vide order dated 29.08.2023 passed in Cr. Misc. No.
24443 of 2023. Thereafter, the petitioner had again moved
Patna High Court CR. MISC. No.15042 of 2026(3) dt.01-05-2026
2/2
before this Hon’ble Court in Cr. Misc. No. 47238 of 2024 but
the same was also dismissed vide order dated 04.10.2024.
5. Learned counsel for the petitioner submits that the
petitioner is in custody since 15.11.2022 and trial is not in
progress.
6. Vide order dated 18.03.2026, a report was called for
with regard to the stage of the trial. Report dated 15.04.2026 of
the learned Trial Court reveals that due to discharge petition
filed on behalf of the petitioner the trial is not in the progress.
7. Considering the nature of allegation against the
petitioner in the FIR, as well as the report of the learned Trial
Court, I am not inclined to enlarge the petitioner on bail in
connection with Maharajganj P.S. Case No. 315 of 2022
pending in the court of learned Addl. and Sessions Judge-VIII,
Siwan.
8. Prayer is refused.
9. However, the learned trial court is directed to
expedite the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Abhishek/-
U
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