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Patna High Court

Akhilesh RajwarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was not granted because the trial was on the verge of completion and the earlier bail rejection stood.

Summary

The petitioner, Akhilesh Rajwar, was charged under Sections 302 and 34 of the Indian Penal Code for a murder case (PS Case No. 10 of 2024). He has been in custody since 13 January 2024 and filed a second application for regular bail, arguing that the trial is almost complete with only the investigation officer's report pending. The court noted the seriousness of the charge, the earlier rejection of bail, and the proximity of trial completion. Consequently, the court declined to grant bail, emphasizing that its observations are limited to this bail application and do not prejudice the merits of the case. The bail application was dismissed.

Issues considered

  • Whether regular bail can be granted to an accused of murder under Sections 302 and 34 of the IPC when the trial is near completion.

Legislation cited

Subjects

  • regular bail
  • murder
  • IPC 302
  • IPC 34
  • high court
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25889 of 2026
                       Arising Out of PS. Case No.-10 Year-2024 Thana- TILAUTHU District- Rohtas
                 ======================================================
                 Akhilesh Rajwar S/o Brij Rajwar Resident of Village- Bahera, P.S. Tilauthu,
                 District- Rohtas

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashi Kant
                 For the Opposite Party/s :       Mr. Prem Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   21-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                    2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Tilauithu P.S. Case No.

                   10 of 2024 read with S.T. No. 354 of 2024 registered for the

                   offence under Sections 302/34 of the Indian Penal Code.

                                   3. The petitioner is in custody since 13.01.2024

                   and the learned counsel for the petitioner very fairly submits

                   that the trial is on the verge of completion and only the I.O. of

                   the case is yet to be examined.

                                   4. Considering the allegation against the petitioner,

                   the earlier rejection order and also considering the fact that the

                   trial is on the verge of completion, this Court is not inclined to

                   grant bail to the petitioner.
          Patna High Court CR. MISC. No.25889 of 2026(2) dt.21-04-2026
                                                      2/2




                                 5. Accordingly, this application is dismissed.

                                 6. 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

                    expressed any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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