Patna High Court
Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The Court refused to grant bail to the petitioners, ordering them to remain in custody while directing a speedy trial.
Summary
The petitioners, Ashok Kumar, Raj Kumar Yadav and Mayum Kumar, were arrested on 12 March 2025 in connection with offences under several sections of the Bharatiya Nyaya Sanhita, 2023. They applied for regular bail after the charge‑sheet was framed, having previously had a bail application rejected. The State, supported by the informant, opposed bail, citing a similar case (Pramod Kumar) where bail was also denied. The Court, after hearing both sides, declined to grant bail, directing the trial court to avoid unnecessary adjournments and to complete the trial within four months of the order, after which the petitioners may renew their bail plea. The order was communicated to the District Judge, Gaya, and relevant authorities.
Issues considered
- Whether the petitioners are entitled to regular bail for the offences alleged under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 117(2), 118(1), 126(1), 126(2), 324(4), 324(5), 3(5)
Subjects
- bail
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- trial delay
- adjournments
- charge framing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28761 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- TEKARI District- Gaya
======================================================
1. Ashok Kumar S/o Udaya Yadav R/o Village - Mahmana, P.S. - Tekari, Dist. -
Gaya.
2. Raj Kumar Yadav @ Raj Kumar S/o Late Hiraman Yadav R/o Village -
Mahmana, P.S. - Tekari, Dist. - Gaya.
3. Mayum Kumar @ Mayum Yadav @ Mochin Yadav S/o Surendra Yadav R/o
Village - Mahmana, P.S. - Tekari, Dist. - Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Kumar
For the Opposite Party/s : Mr. Surendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-05-2026 1. Heard learned counsel for the petitioners, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offences punishable under Sections 126(1), 126(2), 115(2),
118(1), 117(2), 109, 324(4), 324(5), 103 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. Learned counsel for the petitioners submits that the
petitioners are in custody since 12.03.2025.
4. Learned counsel for the petitioners submits that the
petitioners had earlier moved this Court seeking regular bail by
filing Cr. Misc. No. 61982 of 2025 and the same came to be
Patna High Court CR. MISC. No.28761 of 2026(2) dt.08-05-2026
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rejected vide order dated 24.02.2026 with liberty to the
petitioners to renew their prayer after framing of charge.
Learned counsel submits that the charges against the petitioners
stands framed by an order dated 27.02.2026 as such in terms of
liberty so granted, the instant regular bail application has been
filed.
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of informant vehemently opposes the prayer
for bail of the petitioners. The learned counsel appearing on
behalf of informant submits that similarly situated co-accused,
namely, Pramod Kumar and another had approached this Court
seeking regular bail by filing Cr. Misc. No. 28119 of 2026 in the
terms of liberty granted to them to renew their prayer for bail
after framing of charge. It is submitted that charges were framed
against them by order dated 27.02.2026 thereafter aforesaid
criminal miscellaneous was filed but the Court after hearing the
parties was pleased to reject the regular bail application. It is
submitted that case of the instant petitioners is also similar to
the case of Pramod Kumar and another.
6. Learned APP also support the submissions of
learned counsel for the informant.
7. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.28761 of 2026(2) dt.08-05-2026
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petitioners is not in a position to rebut the submissions of the
learned counsel appearing on behalf of the informant.
8. After hearing learned counsel for the parties and
taking into consideration the order dated 08.05.2026 in Cr.
Misc. No. 28119 of 2026, the Court is not inclined to release the
petitioners on bail.
9. However, it is directed that the learned trial court
shall ensure that no unnecessary adjournments are given in the
trial as it has been submitted by learned counsel appearing on
behalf of informant that informant will produce the witnesses as
and when directed by learned trial court. It is further made clear
that if the trial is not concluded within four months from the
date of receipt/production of the order for no fault of the
petitioners, the petitioners would be at liberty to renew their
prayer for bail.
10. Let a copy of this order be sent to the learned
District Judge, Gaya for its onward communication to the
concerned court, District Magistrate and Senior Superintendent
of Police.
(Satyavrat Verma, J)
Ranjeet/-
U T
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