Patna High Court
Bipul kumar @ Vipul Kumar @ Bipin KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302
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
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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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