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Patna High Court

Rajesh Kumar @ Rajesh Pal @ Rajesh PaalversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted as the offences are grave and the prosecution evidence is substantially completed.

Summary

The petitioner, Rajesh Kumar, was charged in Karpurigram P.S. Case No. 24 of 2023 for offences under Sections 324, 326, 326A and 307/34 of the IPC, alleged to have attacked the victim with acid causing grievous injury. He applied for regular bail for the second time, having previously been denied bail by the same court on 29-11-2023. The court noted that eight of nine witnesses had already been examined and that the trial was progressing. Relying on the Supreme Court’s decision in X Vs. State of Rajasthan (2024 SCC Online SC 3539), the judge held that the seriousness of the charges and the completed witness testimony warranted denial of bail. Consequently, the bail application was dismissed and the trial was directed to be expedited.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences under Sections 324, 326, 326A and 307/34 IPC.
  • Whether the Supreme Court precedent in X Vs. State of Rajasthan (2024) applies to deny bail in this case.

Legislation cited

Subjects

  • bail
  • acid attack
  • grievous hurt
  • IPC
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46854 of 2025
                  Arising Out of PS. Case No.-24 Year-2023 Thana- KARPURIGRAM District- Samastipur
                 ======================================================
                 Rajesh Kumar @ Rajesh Pal @ Rajesh Paal S/O Yogendra Pal @ Yogendra
                 Paal R/O Vill.- Rajkhand, P.S.- Karpurigram, Dist.- Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Om Prakash Om, Advocate
                 For the State           :        Mr. Parmanand Kumar, APP
                 For the Informant       :        Mr. Bijay Bhushan Prasad, Advocate
                                                  Ms. Rani Shashi Bharti, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-02-2026                   Heard learned counsel for the petitioner as well as the

                   informant and learned APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Karpurigram P.S.

                   Case No. 24 of 2023 registered for the offence under Sections

                   324, 326, 326A, 307/34 of the IPC.

                                 3. Earlier, the bail application of the petitioner has

                   been rejected by this Court vide order dated 29.11.2023 passed

                   in Cr. Misc. No. 74435 of 2023, which reads as under:

                                              “Heard Sri Mahendra Pratap, learned counsel
                                    for the petitioners, Sri Anish Chandra, learned APP for
                                    the State and learned counsel for the informant.
                                             2. This application for grant of regular bail
                                    arises out of Karpurigram P.S. Case No.24 of 2023
             Patna High Court CR. MISC. No.46854 of 2025(4) dt.10-02-2026
                                                         2/2




                                       registered for the offence punishable under Sections
                                       324, 326, 326-A & 307/34 of the Indian Penal Code.
                                               3. It is alleged that the petitioners have attacked
                                       the victim with acid causing grievous injury.
                                               4. Considering the seriousness of allegation, I
                                       am not inclined to grant the petitioners privilege of
                                       regular bail. Accordingly, this application is rejected.
                                       The trial court is directed to expedite the trial and
                                       conclude the same as early as possible.”

                                    4. The report shows that out of nine witnesses, eight

                       witnesses have been examined whereas the learned counsel for

                       the informant submits that all the witnesses have been

                       examined.

                                    5. Considering the above-mentioned fact and also the

                       law laid down by the Hon’ble Supreme Court in the case of X

                       Vs. State of Rajasthan and Anr. reported in 2024 SCC

                       Online SC 3539, I am not inclined to grant bail to the petitioner.

                                    6. Accordingly, this application is dismissed



                                                  (Sandeep Kumar, J)
priyanka/-

U      T


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