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Patna High Court

Prakash KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied because the confession, seriousness of the offences, and absence of any new ground did not warrant release.

Summary

The petitioner, Prakash Kumar, was arrested on 21 June 2024 in connection with a murder case (IPC s.302) and related offences (IPC s.34, Arms Act s.27) arising from a pistol shot that killed a motorcycle owner. He applied for bail, but his earlier bail application had been rejected. The petitioner argued that he had been in custody for over two years and the trial was not progressing. The prosecution opposed, noting the petitioner’s recorded confession admitting he fired at the victim’s chest, and that no new grounds were raised. The court held that the seriousness of the offences, the confession, and the lack of fresh material did not justify bail, and consequently refused the bail application while directing the trial court to expedite the trial.

Issues considered

  • Whether bail can be granted to an accused who has confessed to committing murder and related offences
  • Whether the passage of time and alleged trial delay constitute a sufficient ground for bail
  • Whether any new material or change in circumstances justifies revisiting a previously rejected bail application

Legislation cited

Subjects

  • bail
  • murder
  • confession
  • Arms Act
  • criminal procedure
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40062 of 2026
                      Arising Out of PS. Case No.-179 Year-2024 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Prakash Kumar S/o Ajay Kumar @ Ajay Rai @ Akshay Rai @ Akshay
                 Prakash @ Ajay Prakash @ Vijay Prasad R/o Vill- Naya Tola, P.S-
                 Bakhtiyarpur, Dist- Patna, Present Address- Michai Gali, P.S- Chowk, Dist-
                 Patna, Bihar
                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Harsh Vardhan, Advocate
                 For the Opposite Party/s :       Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-06-2026                     Heard Mr. Harsh Vardhan, learned counsel for the

                   petitioner and Mr. Nagendra Prasad, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   21.06.2024 in connection with Sessions Trial Case No. 1359 of

                   2024 arising out of Khajekalan P.S. Case No. 179 of 2024, F.I.R.

                   dated 22.04.2024 for the offences punishable under Sections

                   302 and 34 of the Indian Penal Code and Section 27 of the Arms

                   Act.

                               3. Earlier the bail application of the petitioner has been

                   rejected vide order dated 16.09.2025 passed in Cr. Misc. No.

                   45785 of 2025 by a Co-ordinate Bench of this Court.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is in custody since 21.06.2024 and the trial is not in
            Patna High Court CR. MISC. No.40062 of 2026(2) dt.29-06-2026
                                                        2/2




                      progress.

                                  5. The learned Additional Public Prosecutor has

                      vehemently opposed the prayer for bail of the petitioner and

                      submits that earlier the bail application of the petitioner has

                      been rejected on merit and in the present case, the petitioner has

                      not taken any new ground for grant of regular bail. Apart from

                      that the petitioner has confessed his guilt which was recorded in

                      paragraph no. 34 of the case diary in which he has stated that he

                      has fired from pistol upon the chest of the owner of motorcycle

                      in question (deceased) and due to which he died on the spot.

                                   6. Considering the aforesaid facts and circumstances

                      of the case that there is direct and specific allegation against the

                      petitioner, I am not inclined to enlarge the petitioner on bail in

                      connection with S. Tr. Case No. 1359 of 2024 arising out of

                      Khajekalan P.S. Case No. 179 of 2024 pending in the court of

                      learned District & Additional Sessions Judge-VIII, Patna City.

                                  7. Prayer is refused.

                                  8. However, learned trial court is directed to expedite

                      and conclude the trial at the earliest.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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