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Patna High Court

Ramesh Baitha @ Ramesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court denied bail, holding that the seriousness of the offences and the commencement of trial preclude granting bail at this stage.

Summary

The petitioner, Ramesh Baitha, was charged with multiple offences including kidnapping, assault, and several offences of rape under the Indian Penal Code and Section 6 of the POCSO Act. He had been in judicial custody since January 2024 and previously applied for bail, which was rejected on 7 April 2025 with a direction to reapply after six months if the trial was not concluded. He again sought bail, arguing that the trial was nearing its end, he had no prior criminal record, and the victim's statements and medical evidence were on record. The State relied on a Supreme Court precedent (X v. State of Rajasthan) emphasizing that bail is rarely granted in serious offences once trial proceedings have commenced. The Patna High Court, noting the seriousness of the charges and the earlier rejection, declined to grant bail, but allowed the petitioner to renew the application after three months if the trial remains pending, and directed the trial court to expedite the proceedings.

Issues considered

  • Whether bail can be granted to an accused in serious offences such as rape and kidnapping at a stage where trial proceedings have commenced.
  • Whether the earlier rejection of bail precludes a fresh bail application before the stipulated period.
  • Applicability of the Supreme Court's guidance in X v. State of Rajasthan regarding bail in serious crimes.

Legislation cited

Subjects

  • bail
  • rape
  • kidnapping
  • POCSO
  • serious offences
  • trial delay
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23338 of 2026
                   Arising Out of PS. Case No.-35 Year-2023 Thana- CHUTIA SAHAYAK District- Rohtas
                 ======================================================
                 Ramesh Baitha @ Ramesh Kumar Son of Raju Baitha Resident of village-
                 Ladi, Po and Ps- Chainpur, Dist- Palamu, Jharkhand

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    XXXX son of YYYY Resident of village- Chutiya tola Lambar Dai, Ps-
                 Chutiya, Dist- Rohtas

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mrs. Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   17-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Chutiya P.S. Case No. 35 of 2023 instituted for the offence under

                   Sections 341, 323, 504, 506, 366(A), 34 of the Indian Penal Code

                   and charge sheet has been filed under Sections 341, 323, 346, 363,

                   366(A), 354(A), 354(B), 376(D), 34 of the Indian Penal Code and

                   Section 6 of the POCSO Act which was earlier rejected by this

                   Court vide order dated 07.04.2025 passed in Cr. Misc. No. 80578

                   of 2024 with an observation that the petitioner will be at liberty to

                   renew his prayer for bail after six months, if the trial is not

                   concluded.

                                3. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.23338 of 2026(2) dt.17-04-2026
                                            2/3




          the trial has still not been concluded.

                       4. The case of the prosecution, in short, is that the minor

          daughter of the informant was being kidnapped by the petitioner

          and one another.

                       5. It is submitted by learned counsel for the petitioner

          that during the course of investigation, the victim was recovered

          and her statement under Sections 161 and 164 of the Cr.P.C. was

          recorded wherein she has specifically stated that the petitioner and

          one co-accused namely, Govinda have repeatedly raped her and in

          medical examination, it has also come that the intercourse has

          been performed with her.

                       6. Learned counsel for the petitioner further submits that

          from perusal of the order of the learned trial court, it transpires that

          the trial is at its fag end. He further submits that a statement has

          been made in para-3 of the petition that the petitioner has got no

          criminal antecedent. Moreover, he is languishing in judicial

          custody since 12.01.2024.

                       7. Learned APP for the State has relied on a judgment

          of Hon’ble Apex Court in the case of X Vs. State of Rajasthan

          & Anr passed in SLP(Criminal) No. 13378 of 2024 wherein in

          para- ‘14’, Hon’ble Apex Court has held which is being quoted

          hereunder:-

                          14. Ordinarily in serious offences like rape, murder,
                          dacoity, etc., once the trial commences and the prosecution
           Patna High Court CR. MISC. No.23338 of 2026(2) dt.17-04-2026
                                                       3/3




                                     starts examining its witnesses, the Court be it the Trial
                                     Court or the High Court should be loath in entertaining the
                                     bail application of the accused.
                                  8. Having heard the learned counsel for the parties and

                     considering the fact that bail petition of the petitioner has already

                     been rejected earlier by this Court vide order dated 07.04.2025

                     passed in Cr. Misc. No. 80578 of 2024, this court is not inclined to

                     enlarge the petitioner on bail at this stage and, as such, his prayer

                     for bail stands again rejected.

                                  9. However, the petitioner will be at liberty to renew his

                     prayer for bail after three months, if the trial is not concluded.

                     Learned trial court is directed to expedite the trial.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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