Patna High Court
Amit Kumar @ SonuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application was dismissed, upholding the earlier order denying bail.
Summary
The petitioner, Amit Kumar, sought bail in a case registered under IPC sections 302, 326(a), 201 and 34, alleging he attempted rape and then murdered the victim. He had been in custody since March 18, 2024, and his earlier bail application was rejected on February 12, 2025. The petitioner argued that the trial had commenced and was proceeding, seeking a fresh consideration for bail. The court noted the gravity of the offences, the commencement of trial, and the absence of any new grounds for bail, and therefore refused to revisit its earlier order. The bail application was dismissed and the trial court was directed to expedite the trial, with the court clarifying that its observations were limited to the bail application and not on the merits of the case.
Issues considered
- Whether the petitioner is entitled to bail in a case involving murder, grievous hurt, and concealment of evidence, given that the trial has commenced and no fresh grounds for bail are shown.
Legislation cited
- Indian Penal Code — s. 201, 302, 326(a), 34
Subjects
- bail
- murder
- grievous hurt
- concealment of evidence
- Indian Penal Code
- high court
- trial commencement
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25777 of 2026
Arising Out of PS. Case No.-202 Year-2024 Thana- MUZAFFARPUR TOWN District-
Muzaffarpur
======================================================
Amit Kumar @ Sonu Son of Late Balkrishan Agrawal @ Balkrishan
Jhunjhunwala Resident of Mohalla - Dahichura Lane, PS. - Kotwali, Dist. -
Bhagalpur. At present Mohalla - P and T Colony, P.S. - Mthanpura, Dist. -
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Kumar Prasad, Advocate
For the State : Ms.Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Muzaffarpur Town
P.S. Case No. 202 of 2024 registered for the offence under
Sections 302, 326(a), 201/34 of the Indian Penal Code.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 12.02.2025 passed in Cr. Misc.
No. 70194 of 2024, which reads as under:
“Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
connection with Town P.S. Case No. 202 of 2024
registered for the offence under Sections 302,
326(a), 201/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.25777 of 2026(2) dt.06-05-2026
2/2
3. As per the prosecution case, the
petitioner is accused of having tried to commit
rape upon the victim girl and thereafter killed her
and disposed of her body.
4. The petitioner is in custody since
18.03.2024.
5. Considering the serious allegations
levelled against the petitioner, this Court is not
inclined to grant bail to the petitioner.
6. Accordingly, this application is
dismissed.”
4. Learned counsel for the petitioner submits that the
trial has commenced and is proceeding.
5. Considering the gravity of the offence, the fact that
the trial has started and no fresh ground for grant of bail is made
out, I am not inclined to review my earlier order.
6. Accordingly, the application stands dismissed.
7. The trial Court is directed to expedite the trial.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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