Patna High Court
Darshan Kumar @ DongaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that there was no ground to grant bail and upheld the earlier denial.
Summary
The petitioner, Darshan Kumar, was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly killing a person after consuming liquor. He applied for regular bail for the second time, having been in custody since August 2023. The trial court had previously rejected his bail application on 26 July 2024, and the charge sheet was framed on 5 September 2024 with two of ten witnesses examined. The Patna High Court observed that the trial was progressing and found no sufficient ground to revisit its earlier order. Consequently, the court rejected the bail application and directed the trial court to expedite the trial.
Issues considered
- Whether regular bail should be granted to an accused in a murder case under IPC Sections 302/34 and Arms Act Section 27.
- Whether the earlier bail denial can be reviewed in view of the progress of the trial.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- criminal procedure
- trial progress
- review of bail order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55375 of 2025
Arising Out of PS. Case No.-131 Year-2023 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Darshan Kumar @ Donga Son of Shyam Prakash Poddar @ Arun Kumar
Singh @ Arun Kumar village- Manjhout Ward no 11 Baba Tola PS- Cheria
Bariarpur (Manjhoul O.P.) District -Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Kashyap
For the Opposite Party/s : Mr. Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 16-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks bail in connection with Cheria Bariarpur P.S.
Case No. 131 of 2023 registered for the offence punishable
under Sections 302/34 of the Indian Penal Code and Section 27
of the Arms Act.
3. Earlier the bail application of the petitioner was
rejected on 26.07.2024 in Cr. Misc. No. 46719 of 2024 which
reads as follows:-
Heard learned cousnel for the petitioner
and learned APP for the State.
2. The petitioner seeks bail in connection
with Cheria Bariarpur P.S.Case No. 131 of 2023
registered for the offence punishable under Sections
302/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.55375 of 2025(3) dt.16-02-2026
2/2
3. As per the prosecution case, the
petitioner and one Rahul Kumar @ Magnu have killed
the deceased after having liquor with him.
4. Learned counsel for the petitioner
submits that petitioner is in custody since 25.08.2023.
5. Considering the facts that the petitioner
has been found involved in killing of the deceased,I am
not inclined to granted bail to the petitioner. Accordingly,
the prayer for bail of the petitioner stands rejected.
6. The trial court is directed to expedite the
trial of the petitioner. If the trial is delayed because of
the fault of the pro section the petitioner will renew his
prayer for bail.
4. The charge has been framed on 05.09.2024 and out
of ten charge-sheeted witnesses, two witnesses have been
examined.
5. Considering the fact that the trial is progressing,
this Court finds no ground to review its earlier order.
Accordingly, this application for regular bail stands rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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