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Patna High Court

Rupesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the prolonged pre‑trial custody and the lack of imminent trial completion warranted the grant of bail, subject to strict conditions.

Summary

Rupesh Kumar was arrested on 19‑03‑2024 in connection with a case involving offences under Sections 304(B), 201 and 34 of the IPC. He had been denied regular bail twice earlier. The petitioner argued that he has a clean antecedent, the FIR is fabricated, and that the trial is far from completion, with only six of ten witnesses examined. The trial court report indicated that four witnesses, including the informant, were yet to be examined, making an early conclusion unlikely. Considering the two‑year pre‑trial detention and the pending witnesses, the High Court granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting bail to an accused who has been in pre‑trial custody for nearly two years?
  • Whether the stage of trial and the likelihood of a speedy conclusion justify the grant of bail in a case involving murder and dowry‑death offences.

Subjects

  • bail
  • pre‑trial detention
  • Section 304B IPC
  • Section 201 IPC
  • Section 34 IPC
  • Criminal Procedure Code
  • trial delay
  • dowry death

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4706 of 2026
                     Arising Out of PS. Case No.-131 Year-2023 Thana- MATIHANI District- Begusarai
                 ======================================================
                 Rupesh Kumar son of Late Ram Bahadur Rai Resident of Village -Matihani
                 Ps- Matihani District -Begusarai Bihar           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Sarita Kumari, Advocate
                 For the Opposite Party/s :       Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   18-03-2026                  Heard Mr. Sarita Kumari, learned counsel for the

                   petitioner and Mr. Zainul Abedin, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   19.03.2024 in connection with S.T. No. 133 of 2025, arising out

                   of Matihani P.S. Case No. 131 of 2025, F.I.R. dated 31.08.2023,

                   for the offences punishable under Sections 304(B), 201 read

                   with 34 of the Indian Penal Code.

                                3. Earlier, the prayer for regular bail of the petitioner

                   was twice rejected by this Court vide order dated 18.10.2024

                   passed in Cr. Misc. No. 60039 of 2024 and vide order dated

                   20.06.2025 passed in Cr. Misc. No. 31887 of 2025.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   FIR is false and fabricated and the petitioner has not committed

                   any offence as alleged in the FIR. The petitioner has been made

                   accused in the present case merely on the ground that the
Patna High Court CR. MISC. No.4706 of 2026(3) dt.18-03-2026
                                            2/3




          petitioner is the husband of the deceased. In fact, the family

          members of the deceased have also participated in the last

          rituals of the deceased and the petitioner is in judicial custody

          since 19.03.2024 and trial is not in progress.

                       5. Vide order dated 30.01.2026, a report was called for

          with regard to the stage of trial. Report dated 26.02.2026 of the

          learned Trial Court reveals that out of ten charge-sheet

          witnesses, six witnesses have been examined including the I.O.

          and four non-official witnesses are yet to be examined including

          the informant.

                       6. Learned counsel for the petitioner submits that in

          view of the report of the learned Trial Court that there is no

          chance of early conclusion of the trial in near future and the

          petitioner is in custody since 19.03.2024 near about two years.

                       7. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       8. Considering the aforesaid facts and circumstances

          and also the report of the learned Trial Court and period of

          custody of the petitioner, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned District and Additional Sessions
            Patna High Court CR. MISC. No.4706 of 2026(3) dt.18-03-2026
                                                        3/3




                      Judge-II, Begusarai, in connection with S.T. No. 133 of 2025,

                      arising out of Matihani P.S. Case No. 131 of 2025, with the

                      following conditions:

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on her absence on two consecutive dates without sufficient

                      reason, his/her bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                             (Rajesh Kumar Verma, J)
Ranjeet/-
U       T


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