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Patna High Court

Rahul Kumar SharmaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied as the trial was at an advanced stage and the offences were serious.

Summary

The petitioner, Rahul Kumar Sharma, applied for bail in a criminal case (Baroon P.S. Case No. 20 of 2025) involving offences under Sections 103(1), 3(5), and 61(2) of the B.N.S., 2023 and Section 27 of the Arms Act. The informant’s counsel alleged that the case pertained to the killing of the deceased and that the trial was already underway, with seven of ten prosecution witnesses examined. The petitioner’s counsel was unable to rebut the claim that the trial was nearing its conclusion. The Court, after hearing both sides, found that the seriousness of the charges and the advanced stage of the trial did not warrant the grant of bail. Consequently, the regular bail application was rejected. The Court directed the trial court to expedite the remaining proceedings and complete the trial within six months.

Issues considered

  • Whether bail should be granted to the petitioner when the trial is near completion and the offences involve murder and illegal possession of arms.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • arms act
  • trial expeditious
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.390 of 2026
                      Arising Out of PS. Case No.-20 Year-2025 Thana- BARUN District- Aurangabad
                 ======================================================
                 Rahul Kumar Sharma Son of Upendra Sharma Resident of Village- Patanwa
                 @ Patanawa Khurd, P.S.- Indrapuri, District- Rohtas at Sasaram

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajani Kant Pandey, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar, APP
                 For the Informant        :      Mr. Braj Prakash Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioner seeks bail in connection with Baroon

                   P.S. Case No. 20 of 2025, registered for the offences punishable

                   under Sections 103(1)/3(5)/61(2) of the B.N.S., 2023 and

                   Section 27 of the Arms Act.

                                3. Learned counsel appearing on behalf of the

                   informant at the outset submits that in sum and substance the

                   allegation against the accused persons including the petitioner is

                   of killing the deceased. It is also submitted that trial has

                   commenced and out of ten prosecution witnesses, seven

                   prosecution witnesses have been examined and as such the trial
            Patna High Court CR. MISC. No.390 of 2026(2) dt.20-04-2026
                                                        2/2




                      is nearing at its end.

                                   4. Learned counsel appearing on behalf of the

                      petitioner is not in a position to rebut the said submission of

                      learned counsel appearing on behalf of the informant that the

                      trial has commenced and out of ten prosecution witnesses, seven

                      prosecution witnesses have been examined.

                                   5. After hearing the learned counsel for the parties, the

                      Court is not inclined to release the petitioner on bail.

                                   6. The regular bail application of the petitioner is

                      rejected.

                                   7. The Court expects that the learned trial court shall

                      expedite the trial and tried to conclude the same within a period

                      of six months.


                                                (Satyavrat Verma, J)

Ranjeet/-

U      T


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