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Patna High Court

Bipul kumar @ Vipul Kumar @ Bipin KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to a bond of Rs 10,000 with two sureties and compliance with trial‑related conditions.

Summary

The petitioner, Bipul Kumar, was arrested in connection with a murder case (PS Chakia Case No. 301/2023) alleged under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. He had been in custody since 30 October 2023 and his earlier bail application was rejected on the ground that he was an active participant in the crime. The petitioner later filed a second bail application, contending that the prosecution was deliberately delaying the trial, with only two of twenty‑four witnesses examined and key informants unavailable. The Court observed that the delay and the prosecution’s tactics infringed the petitioner’s right to a speedy trial and that continued detention was unwarranted. Accordingly, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount and to cooperate with the trial. The bail was granted subject to compliance with the conditions prescribed by the Additional Sessions Judge‑III, East Champaran.

Issues considered

  • The appropriateness of granting bail to an accused charged with murder, criminal conspiracy and a violation of the Arms Act given the seriousness of the offences.
  • Whether the delay in trial and alleged prosecutorial tactics justify the release of the accused on bail.

Legislation cited

Subjects

  • bail
  • murder
  • criminal conspiracy
  • Arms Act
  • trial delay
  • speedy trial
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29916 of 2025
                   Arising Out of PS. Case No.-301 Year-2023 Thana- CHAKIA District- East Champaran
                 ======================================================
                 Bipul kumar @ Vipul Kumar @ Bipin Kumar S/o Ramesh Thakur @ Ramesh
                 Kumar Thakur Resident of village- Sariyatpur, P.S.- Pipra, Distt.- East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. P. N. Shahi, Sr. Advocate
                                                  Mr. Amit Anand
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   25-02-2026                   Heard learned Senior Counsel for the petitioner and

                   learned APP for the State.

                                 2. This is the second attempt of the petitioner. Earlier,

                   the prayer for grant of bail was rejected vide order dated

                   21.03.2024 passed in Cr. Misc. No. 2881 of 2024, the following

                   order was passed:

                                                     “Heard learned counsel for the
                                        petitioner and learned Additional Public
                                        Prosecutor for the State.
                                                  2. The petitioner seeks bail in
                                        connection with Chakia P.S. Case No.
                                        301/2023 registered for the offence
                                        punishable under Sections 302/120B of the
                                        Indian Penal Code and Section 27 of the
                                        Arms Act.
                                                  3. The petitioner belongs to an
                                        organized criminal gang and the gang
                                        members named in the F.I.R. have killed the
Patna High Court CR. MISC. No.29916 of 2025(8) dt.25-02-2026
                                            2/3




                               deceased. During investigation, the name of
                               the petitioner has come as active participant
                               in the crime as he along with other criminals
                               had gone to meet with Deva Gupta and Rahul
                               Singh who supplied the pistols for killing the
                               deceased. The petitioner is in jail since
                               30.10.2023. He has criminal antecedents
                               also.
                                          4. Considering the fact that the
                               petitioner is an active participant in the
                               murder of the deceased, this application is
                               dismissed. 5. The trial Court is directed to
                               expedite the trial.
                                          6. While considering the bail
                               application of the petitioner, this Court finds
                               that there is enough material against the
                               other accused persons, but it has been
                               informed by the learned counsel for the
                               informant that the other co-accused who have
                               played an active part in the murder are not
                               being arrested by the police for reasons
                               known to them.
                                          7. The Superintendent of Police,
                               East Champaran, is directed see to it that the
                               criminals/accused whose involvement has
                               come in this case are arrested at the earliest.
                                          8. The Superintendent of Police,
                               East Champaran will file a report as to the
                               steps taken for arrest of the remaining
                               accused.
                                          9. Lit this case under the headign
                               “To Be Mentioned” for consideration of the
                               report by the Superintendent of Police, East
                               Champaran.
                                          10. Let a copy of the order be
                               communicated to the Superintendent of
                               Police, East Champaran through FAX/e-mail
                               forthwith for compliance of the order.”
            Patna High Court CR. MISC. No.29916 of 2025(8) dt.25-02-2026
                                                        3/3




                                   3. Thereafter, the prosecution is delaying the trial.

                      Now the informant and his son are not appearing in trial saying

                      that the one of them has got his eye surgery done and they are

                      out of Bihar. Out of 24 witnesses, only two witnesses have been

                      examined. It appears that the prosecution is trying to delay the

                      case as the petitioner is in custody since 30.10.2023.

                                   4. Considering the delay in trial and the delaying

                      tactics adopted by the prosecution and the informant is

                      particular as well as period of custody, this application is

                      allowed.

                                   5. Let the petitioner above named, be granted bail on

                      furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand

                      Only) with two sureties of the like amount each to the

                      satisfaction of learned Additional Sessions Judge-III, East

                      Champaran, Motihari/concerned court below in connection with

                      Chakia P.S. Case No. 301 of 2023, subject to the condition that

                      the petitioner shall cooperate in the trial and shall be

                      represented through his lawyer or himself on each and every

                      date.


                                                         (Sandeep Kumar, J)

Ranjeet/-
U       T


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