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Patna High Court

Pappu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied the petitioner's application for regular bail.

Summary

The petitioner, Pappu Kumar, applied for regular bail in a case (Garkha PS No.334 of 2024) involving alleged offences under Sections 302, 307, 323, 341/34 of the IPC, including murder. The prosecution alleges that Kumar assaulted the informant's husband and brother‑in‑law with a knife, leading to the husband's death, and that the trial is at its final stage with four of five witnesses already examined. The petitioner contended that he was falsely implicated, was undergoing medical treatment at AIIMS Delhi at the time of the incident, and that the informant was not an eyewitness, also pointing to a lack of corroboration in the post‑mortem report. The State opposed bail, emphasizing the seriousness of the charges and the petitioner’s role as the sole assailant. The court, after reviewing the record, found the allegations credible and, noting that the trial was nearing completion, refused to grant bail, directing the trial court to expedite the proceedings.

Issues considered

  • Whether regular bail can be granted to an accused of murder and related offences when the trial is at its final stage.
  • Whether the evidence and allegations against the petitioner justify denial of bail despite his claim of alibi and medical treatment.

Legislation cited

Subjects

  • bail
  • murder
  • attempt to murder
  • assault
  • IPC
  • trial at final stage
  • denial of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.54471 of 2025
                        Arising Out of PS. Case No.-334 Year-2024 Thana- GARKHA District- Saran
                 ======================================================
                 Pappu Kumar S/o Phulbabu Rai R/o Village- Hematpur, P.S.- Garkha, Distt.-
                 Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

7   06-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Garkha P.S. Case No.

                   334 of 2024 registered for the offences punishable under

                   Sections 302, 307, 323, 341/34 of the IPC.

                                3. As per the prosecution case, the husband of the

                   informant and her brother-in-law were sitting at their door steps,

                   in the meanwhile, the petitioner arrived there and started

                   abusing and assaulting the informant’s brother-in-law Akhilesh

                   Ray. When the husband of the informant tried to intervene, the

                   petitioner took out a knife and hit him on the back and arm.

                   Thereafter, the petitioner is also alleged to have stabbed the

                   informant’s brother-in-law with the knife which hit on his chest
Patna High Court CR. MISC. No.54471 of 2025(7) dt.06-04-2026
                                            2/3




          causing serious injury. Upon alarm being raised, when the

          informant went there, the petitioner and co-accused assaulted

          the informant and her family members. It has further been

          alleged that the informant’s husband and brother-in-law were

          taken to nearby hospital for treatment, where her husband was

          declared dead.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has falsely been implicated in

          this case. It has further been submitted that there is land

          disputed between the parties and they are agnates. It has also

          been submitted that the informant does not appear to be an

          eyewitness. Moreover, on the alleged date of occurrence, the

          petitioner was not in his village rather it is more plausible that

          he did not participate in the incident, as he was undergoing

          treatment at AIIMS Delhi at that time. Additionally, the

          postmortem report does not support the prosecution case. Lastly,

          it has been submitted that the petitioner has one criminal

          antecedent and is in custody since 04.09.2024.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       6. Having perused the record and considered the

          submission of the parties, the petitioner is alleged to have
              Patna High Court CR. MISC. No.54471 of 2025(7) dt.06-04-2026
                                                          3/3




                        specifically assaulted the husband of the informant as a result of

                        which he died during the course of treatment. The petitioner is

                        the sole assailant of the deceased. Moreover, the status report of

                        the trial court, which was earlier called for by order dated

                        19.02.2026, indicates that the trial is at its fag end wherein four

                        out of five witnesses have been examined.

                                     7. Considering the aforesaid facts and circumstance of

                        the case, the allegation against the petitioner and the trial being

                        at its fag end, this court is not inclined to grant bail to the

                        petitioner and the same is hereby rejected.

                                     8. The learned trial court is further directed to

                        expedite the trial and conclude the same at the earliest.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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