Patna High Court
Kundan Kumar @ Kundan @ GoreversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The petition for bail was denied as there were no new grounds and the trial was ongoing.
Summary
The petitioner, Kundan Kumar, was arrested in connection with a murder case (IPC Sections 302/34) and an offence under Section 27 of the Arms Act. He applied for regular bail, having been in judicial custody since 3 February 2024. The High Court had earlier rejected his bail application, and this was his second attempt. The court noted that the charge had been framed, witnesses examined, and the trial was expected to conclude within three months, indicating that the trial was actively proceeding. Since there were no new grounds presented and the trial was ongoing, the court rejected the bail petition and directed the lower court to expedite the trial, allowing the petitioner to reapply if the trial exceeded three months.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving murder (IPC 302/34) and an Arms Act offence given the stage of trial and absence of new grounds.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- judicial custody
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35715 of 2025
Arising Out of PS. Case No.-732 Year-2023 Thana- PATLIPUTRA District- Patna
======================================================
Kundan Kumar @ Kundan @ Gore S/o Late Deepak Kumar @ Deepak
Kumar Paswan Mohalla- Mainpura, Sidheshwar Nagar, PS- Patliputra
,District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate
For the Opposite Party/s : Mr. Uday Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
8 30-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Patliputra P.S. Case No. 732 of 2023, instituted for the offences
under Sections 302/34 of the Indian Penal Code and Section 27
of the Arms Act.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by a co-ordinate Bench of this Court
vide order dated 27.09.2024 passed in Cr. Misc. No. 64897 of
2024 taking into consideration the nature of allegation.
4. In compliance of the order dated 14.11.2025, a
report dated 21.11.2025 with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
Patna High Court CR. MISC. No.35715 of 2025(8) dt.30-01-2026
2/2
appears that charge has been framed against the petitioner on
21.10.2024 and summons to the witnesses have been issued. Out
of seven charge-sheeted witnesses, only two witnesses have
been examined in this case. It is further reported that the trial is
likely to be concluded within three months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 03.02.2024
without any rhymes or reason and has got no criminal
antecedent.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. There is no new ground to consider the bail petition
of the petitioner. From the aforesaid report, it appears that the
trial is going on.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same. If the trial is not
concluded within the period of three months, as stated above,
the petitioner will be at liberty to renew his prayer before the
court below.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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