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Patna High Court

Rakesh kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the regular bail application, refusing to grant bail to the petitioner.

Summary

The petitioner, Rakesh Kumar Singh, applied for regular bail in a case (S.T.R. No.163 of 2024) involving charges of murder (IPC s.302) and concealment of evidence (IPC s.201). The prosecution alleged that a dead female body was found on railway tracks, strangulated, and the informant was a Sub-Inspector. The petitioner had been in custody since August 2023 and no witnesses had yet appeared in trial, though charges were framed on 16‑04‑2024. The High Court, recalling its earlier order rejecting bail on 08‑05‑2024, held that the seriousness of the offences and the framing of charges warranted denial of bail. Consequently, the bail application was dismissed and the Superintendent of Police was directed to ensure witness attendance.

Issues considered

  • Whether regular bail should be granted to the accused in a murder and evidence‑concealment case despite the gravity of the offences and framing of charges
  • Whether the earlier order denying bail can be reviewed

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • IPC 201
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.60022 of 2025
                  Arising Out of PS. Case No.-637 Year-2023 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Rakesh kumar Singh Son of Bhikam singh Village- Bangali Pati, Ps-
                 Sahajitpur, Dist- Saran
                                                                     ... ... Petitioner/s
                                             Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :      Mrs. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-02-2026                    The defects are ignored.

                                  2. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                    3. The petitioner seeks bail in connection with S.Tr.

                   No. 163 of 2024 arising out of Muffasil P.S. Case No 637 of

                   2023 instituted under Sections 302 and 201 of the Indian Penal

                   Code.

                                    4. As per prosecution case, the informant, who is

                   an S.I., was on patrolling duty along with other police personnel

                   when he got information relating to recovery of one dead body

                   in the middle of railway track. On reaching there, it appeared

                   that dead body belonged to a lady and she was died due to

                   strangulation but the deceased could not be identified.

                                    5. Earlier the regular bail application of the

                   petitioner was rejected on 08.05.2024 in Cr. Misc. No. 20059 of
           Patna High Court CR. MISC. No.60022 of 2025(2) dt.09-02-2026
                                                       2/2




                     2024 by this Court.

                                      6. The learned counsel for the petitioner submits

                     that the charge has been framed against the petitioner on

                     16.04.2024 and no witness has appeared till date. The petitioner

                     is in custody since 17.08.2023.

                                  7. Considering the gravity of the offence and the fact

                     that charges have been framed, I am not inclined to review my

                     earlier order.

                                  8. The application for regular bail is, accordingly,

                     dismissed.

                                  9. The Superintendent of Police, Saran is directed to

                     ensure the attendance of the witnesses in the trial on the dates

                     fixed.

                                  10. Let a copy of this order be communicated to the

                     Superintendent of Police, Saran through FAX or e-mail for its

                     compliance forthwith.



                                                (Sandeep Kumar, J)
Jyoti Kumari/-

U      T


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