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Patna High Court

Ramesh Thakur @ Suresh Thakur @ Shankar ThakurversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Regular bail cannot be granted where the offence involves murder with common intention and the accused has extensive criminal antecedents.

Summary

Petitioner Ramesh Thakur applied for regular bail in a case registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act, alleging that he only fired a warning shot while a co-accused shot the victim. The petitioner has twenty prior criminal convictions and has been in custody since August 13, 2024. The court examined the seriousness of the murder charge, the presence of a common intention clause, and the petitioner’s extensive criminal antecedents. Considering these factors, the court rejected the bail application. However, the court directed the trial court to expedite the trial and conclude it within one year of receiving the order.

Issues considered

  • Whether the petitioner is entitled to regular bail for offences punishable under IPC Sections 302/34 and Arms Act Section 27 given the seriousness of the charge and his criminal antecedents
  • Whether the trial should be expedited due to the prolonged pre‑trial detention

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • common intention
  • Arms Act 27
  • criminal antecedents
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3015 of 2026
                   Arising Out of PS. Case No.-316 Year-2020 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Ramesh Thakur @ Suresh Thakur @ Shankar Thakur S/o Late Mahendra
                 Thakur R/o village - Ladaura , Police Station - Kalyanpur , District -
                 Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mahendra Pratap, Advocate
                 For the Opposite Party/s :      Mr. Nirmal Kumar Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Kalyanpur P. S. Case No. 316 of 2020 registered for the

                   offences punishable under Sections 302/34 of the Indian Penal

                   Code and Section 27 of the Arms Act.

                                3. As per F.I.R., all the named accused persons,

                   including this petitioner, abused the husband of informant. It is

                   further alleged that this petitioner fired in air and co-accused

                   Alok Kumar fired upon the chest of the husband of informant,

                   as a result of which he died. Petitioner has got twenty criminal

                   antecedents.

                                4. Learned counsel for the petitioner submits that
              Patna High Court CR. MISC. No.3015 of 2026(2) dt.13-02-2026
                                                          2/2




                        specific accusation of firing upon the husband of informant is

                        against other co-accused person. Petitioner is in custody since

                        13.08.2024.

                                     5. Considering the nature of accusation and criminal

                        antecedents, prayer for regular bail of the petitioner is rejected.

                                     6. However, since petitioner is in custody since

                        13.08.2024, Trial Court is directed to expedite and conclude the

                        trial, preferably, within a period of one year from the date of

                        receipt/production of copy of this order.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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