Patna High Court
Daulat Kumar @ Daulat KunwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court directed that bail be granted to the petitioner subject to a bond and sureties.
Summary
Daulat Kumar was charged under Sections 302, 120B and 34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly firing a pistol that caused the death of an informant's father. He has been in judicial custody since 30 January 2019, amounting to over seven years, while the trial remains incomplete with several witnesses yet to be examined. Earlier applications for bail were rejected, but the petitioner highlighted that similarly situated co‑accused had been released on bail and that the trial had been unduly delayed despite a court direction to expedite it. The prosecution opposed bail, but the trial court report indicated minimal progress, with only one of four examined witnesses appearing after a bailable warrant. Considering the prolonged detention, lack of trial progress, and the petitioner’s undertaking to cooperate, the High Court ordered that bail be granted on a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the District & Additional Sessions Judge‑XII, Begusarai.
Issues considered
- Whether bail should be granted to an accused charged with murder, conspiracy and use of arms after a prolonged pre‑trial detention of over seven years.
- Whether the delay in trial and the fact that co‑accused have been released on bail justify granting bail to the petitioner.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- trial delay
- right to speedy trial
- IPC
- Arms Act
- co‑accused
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2464 of 2026
Arising Out of PS. Case No.-173 Year-2018 Thana- MATIHANI District- Begusarai
======================================================
Daulat Kumar @ Daulat Kunwar Son of Pankaj Kunwar Resident of village
-Shankarpur Bakhadda PS- Matihani District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun, Advocate
Mr. Anuj Kumar, Advocate
Mr. Shreyanshu Kumar, Advocate
Mr. Aditya Raj Singh, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 06-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for bail in
connection with Sessions Trial no.288 of 2019 (arising out of
Matihani P.S. Case no.173 of 2018) registered under sections
302, 120B and 34 of the Indian Penal Code and section 27 of the
Arms Act.
3. As per the prosecution case, the petitioner and
two others are said to have fired with a pistol on the father of the
informant seriously injuring him resulting in his death.
4. Learned counsel for the petitioner submits that
the prayer for bail of the petitioner was earlier rejected vide
different orders, the last being vide order dated 4.4.2025 passed
Patna High Court CR. MISC. No.2464 of 2026(3) dt.06-02-2026
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in Cr. Misc. no.2469 of 2025 directing the learned Court below
to expedite the trial. Inspite of the direction of this Court and
specially the petitioner having remained in custody for seven
years since 30.1.2019, the trial has still not concluded. Some of
the similarly situated co-accused have already been enlarged on
bail. The petitioner undertakes to cooperate in the trial and to
abide by any condition which may be laid by this Court for his
release on bail.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. A report was called for from the learned trial Court.
As per the report received contained in letter dated 21.1.2026,
four witnesses have been examined on behalf of the prosecution
and three witnesses remain to be examined. The report further
states that after examination of witnesses on 3.1.2025, bailable
warrant was issued against all the witnesses from the Court but
only one witness ie P.W.4 appeared and was examined in the
case on 21.11.2025.
7. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, grant of bail
to the co-accused vide order dated 25.10.2024 passed in Cr.
Misc. no.52073 of 2024, there being not much progress in the
Patna High Court CR. MISC. No.2464 of 2026(3) dt.06-02-2026
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trial in the learned trial Court and specially the petitioner having
remained in custody for over 7 years since 30.1.2019, the Court
directs the petitioner to be enlarged on bail in connection with
Sessions Trial no.288 of 2019 (arising out of Matihani P.S. Case
no.173 of 2018) on furnishing bail bond of Rs.10,000/ (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned District & Additional Sessions
Judge-XII, Begusarai.
(Partha Sarthy, J)
Saurabh/-
U T
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