Patna High Court
Rajesh Kumar @ Achhelal @ Achchelal @ Akshay KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court dismissed the bail application, refusing to grant regular bail to the petitioner.
Summary
The petitioner, Rajesh Kumar, filed a second bail application in a criminal case (PS Case No. 228 of 2024) involving offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The trial was nearly complete, but the medical expert required as a witness had not appeared, causing a delay. The petitioner argued that the pending doctor testimony should not justify continued detention. The court, however, declined to grant regular bail, noting the circumstances did not warrant release. The application was dismissed, and the Superintendent of Police was directed to secure the doctor's attendance within 15 days. The order was communicated to the police for compliance.
Issues considered
- Whether the petitioner is entitled to regular bail despite the trial being almost concluded but pending medical testimony
- Whether the non‑appearance of a doctor witness justifies denial of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bharatiya Nyaya Sanhita
- doctor witness
- high court
- trial attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30342 of 2026
Arising Out of PS. Case No.-228 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai
======================================================
Rajesh Kumar @ Achhelal @ Achchelal @ Akshay Kumar S/o Late Jagdambi
Prasad @ Late Jagdambi Prasad Sinha Resident of village - Deoghara, P.S -
Mednichowki, District - Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
Mr. Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Mednichowki P.S. Case No. 228 of 2024
registered for the offence punishable under Sections 103(1) and
3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms
Act.
3. Earlier the bail application of the petitioner was
rejected on 02.09.2025 in Cr. Misc. No. 27544 of 2025.
4. The learned counsel for the petitioner very fairly
submits that the trial is almost over and only the doctor remains
to be examined. He further submits that the doctor is not
appearing in the case and due to his non-appearance, the trial is
Patna High Court CR. MISC. No.30342 of 2026(2) dt.08-05-2026
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pending.
5. Considering the aforesaid facts and circumstances
of the case, I am not inclined to grant regular bail to the
petitioner. Accordingly, this application is dismissed.
6. However, the Superintendent of Police, Lakhisarai
is directed to ensure the attendance of the doctor in the trial
within 15 days of communication/receipt of a copy of this order.
7. Let a copy of this order be communicated to the
Superintendent of Police, Lakhisarai through FAX or e-mail for
immediate compliance.
(Sandeep Kumar, J)
Shishir/-
U T
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