Patna High Court
Pappu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRAVEEN KUMAR
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
- Indian Penal Code — s. 302, 307, 323, 341, 342
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
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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
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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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