Patna High Court
Rahul Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 3(5), 61(2)
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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