Patna High Court
Anuj kumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted at this stage and rejected the application.
Summary
Anuj Kumar was charged under Section 302 of the Indian Penal Code for murder and Section 27 of the Arms Act. He filed a second bail application after an earlier one was rejected in September 2024. The prosecution evidence had been closed and the accused's statement recorded, indicating the trial was nearing its conclusion. The Patna High Court examined whether regular bail could be granted at such a late stage for serious offences. Justice Sandeep Kumar held that granting regular bail was inappropriate given the circumstances. Consequently, the bail application was rejected.
Issues considered
- Whether regular bail can be granted to an accused of murder and arms offences when the trial is on the verge of conclusion
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302
Subjects
- bail
- murder
- IPC
- Arms Act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58320 of 2025
Arising Out of PS. Case No.-71 Year-2022 Thana- BIND District- Nalanda
======================================================
Anuj kumar S/o Raj Kumar Yadav @ Raj Kumar Prasad R/o vill - Barepur,
P.s.- Sare, Distt.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Kishor Prasad
For the Opposite Party/s : Mr. Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 19-03-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Bind P.S. Case No. 71 of 2022 registered for
the offence under Sections 302 of the Indian Penal Code and
Section 27 of the Arms Act.
3. Earlier the bail application of the petitioner was
rejected on 03.09.2024 in Cr. Misc. No. 22413 of 2024 by a co-
ordinate Bench of this Court.
4. The petitioner is accused of killing the deceased.
The prosecution evidence has been closed. The statement of the
accused has been recorded.
5. In these circumstances, when the trial is on the
verge of conclusion, I am not inclined to grant regular bail to the
Patna High Court CR. MISC. No.58320 of 2025(6) dt.19-03-2026
2/2
petitioner. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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