Patna High Court
Vikas Kumar @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petition for regular bail was dismissed.
Summary
The petitioner, Vikas Kumar, was charged in a 2022 case for murder, concealment of dead body, rape and criminal conspiracy under Sections 302, 201, 376 and 34 of the IPC, as well as offences under the SC/ST Act and the POCSO Act. The prosecution alleged that the petitioner was involved in the abduction, rape and killing of a minor girl. The petitioner applied for regular bail, arguing that most witnesses had already been examined and only the investigating officer and a doctor remained. The court noted that the trial was nearing its conclusion and that granting bail at this stage would be inappropriate. Consequently, the High Court rejected the bail petition, directing the trial court to expedite the remaining proceedings within eight weeks.
Issues considered
- Whether regular bail can be granted to an accused facing serious offences of murder, rape, and offences under the SC/ST Act and POCSO Act when the trial is close to conclusion.
Legislation cited
- Indian Penal Code — s. 201, 302, 34, 376
- Protection of Children from Sexual Offences Act, 2012 — s. 4
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(i), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v)
Subjects
- regular bail
- murder
- rape
- SC/ST Act
- POCSO Act
- high court
- trial pending
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58859 of 2024
Arising Out of PS. Case No.-45 Year-2022 Thana- ADHAOURA District- Kaimur (Bhabua)
======================================================
Vikas Kumar @ Vikash Kumar S/o Ram Surat Singh R/o VILL - BANDHA -
I, P.S. - ADHAURA, DISTRICT - KAIMUR (BHABUA)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ram Sakal Singh @ Ram Sakal Singh Kharwar S/o Late Gopal Singh R/o
vill - Bandha, P.S. - Adhaura, Distt. - Kaimur (Bhabua)
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Sunil, Adv.
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 31-01-2026 Heard the learned counsel for the petitioner as well
as the learned APP for the State.
2. The petitioner is seeking regular bail in connection
with Adhaura P.S. Case No. 45 of 2022, registered for the
offences punishable under Sections 302, 201, 376, 34 of the IPC
and Sections 3(1) (r) (s) (w) (i), 3(2) (v) of the SC/ST Act and
Section 4 of the POCSO Act.
3. As per the prosecution story, the informant alleged
that his minor daughter had gone to graze her she-goat in the
field but failed to return. Upon search, her dead body was found
with injuries all over her body. Accordingly, the F.I.R. was
lodged.
Patna High Court CR. MISC. No.58859 of 2024(2) dt.31-01-2026
2/2
4. The learned counsel for the petitioner has submitted
that out of 10 witnesses, 8 witnesses have been examined during
the trial. The I.O. and the Doctor only remain to be examined.
5. The trial is on the verge of its conclusion and hence
I do not think it proper to release the petitioner on bail.
6. Accordingly, this petition is rejected with the
observation that the learned trial court will take every endeavour
to conclude the trial within a period of eight weeks.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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