Patna High Court
Munna KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court declined to grant regular bail and disposed the application.
Summary
Munna Kumar, accused of murder and common intention under IPC Sections 302 and 34, applied for regular bail before the Patna High Court. The court examined the trial record and noted that only two of seven prosecution witnesses had been examined, with the remaining witnesses summoned and likely to be examined soon. The informant’s counsel confirmed that the prosecution witness would be examined shortly. Considering the incomplete stage of the trial, the judge found no basis to grant bail at that moment. Consequently, the bail application was disposed without any order granting relief.
Issues considered
- Whether regular bail can be granted to an accused of murder and common intention when the trial is at an early stage with only a few prosecution witnesses examined.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- regular bail
- IPC
- Section 302
- Section 34
- murder
- common intention
- trial stage
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58966 of 2025
Arising Out of PS. Case No.-21 Year-2024 Thana- DIDARGANJ District- Patna
======================================================
Munna Kumar S/o Dinesh Ray R/o Village- Didarganj, Near Bajrang Bali
Mandir, P.S.- Didarganj in the District of Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Kumar Pandey, Advocate
For the Informant : Mr. Abhay Kumar, Advocate
For the State : Mr. Harendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
7 30-01-2026 Heard Mr. Aditya Kumar Pandey, learned counsel
appearing on behalf of the petitioner; Mr. Abhay Kumar,
learned counsel appearing on behalf of the informant and Mr.
Harendra Prasad, learned APP for the State.
2. Petitioner seeks regular bail in connection with
Didarganj P.S. Case No. 21 of 2024 registered for offences
punishable under Sections 302 and 34 of the Indian Penal Code.
3. A report was called for regarding stage of the trial
from the learned District Court and in compliance of the same,
the learned District & Additional Sessions Judge-IV, Patna City,
vide letter No. 358, dated 16.12.2025 informed that out of seven
prosecution witnesses, two witnesses, who are doctor and
investigating officer, have been examined and summons against
Patna High Court CR. MISC. No.58966 of 2025(7) dt.30-01-2026
2/2
the remaining witnesses have already been issued.
4. Mr. Abhay Kumar, learned counsel appearing on
behalf of the informant informs that the prosecution witness is
also likely to be examined very soon.
5. Considering the aforesaid information and the
manner in which the trial has taken place, I don't find to pass
any order at this stage.
6. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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