Patna High Court
Akhilesh RajwarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 302, 34
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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