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Patna High Court

Rupesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail, directing the trial court to frame the charge and continue the trial.

Summary

Rupesh Kumar was charged under IPC sections 307 (attempt to murder) and 394 (dacoity) and Arms Act section 27 for allegedly forcibly taking a motorcycle. He applied for regular bail for the second time after an earlier bail denial. His counsel argued that the charge had not been framed and the trial was delayed by prosecution witnesses. The court noted the seriousness of the offences, that the trial had already commenced, and declined to revisit its earlier order, dismissing the bail application. The court directed the trial court to frame the charge and proceed with the trial, allowing the prosecution to seek bail later if the trial is further delayed.

Issues considered

  • Whether bail can be granted in a case involving serious offences of attempt to murder, dacoity and illegal possession of arms despite the trial not yet having a framed charge.
  • Whether the alleged delay caused by prosecution witnesses justifies granting bail.
  • Whether the earlier bail denial order can be reviewed in light of the alleged procedural lapses.

Legislation cited

Subjects

  • bail
  • IPC
  • section 307
  • section 394
  • Arms Act
  • section 27
  • charge framing
  • trial delay
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6318 of 2026
                    Arising Out of PS. Case No.-74 Year-2020 Thana- GWALPARA District- Madhepura
                 ======================================================
                 Rupesh Kumar Son of Sri Suresh Das R/o Village - Shitalpatti, Ward no. 09,
                 Madhepura Tola(Kanp), P.S. - Saur Bazar(Patarghat O.P.), Dist. - Saharsa.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Alok Kumar Singh, Adv
                 For the Opposite Party/s :      Mr.Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with                   Gwalapara

                   P.S.Case No.74 of 2020 registered for the offence punishable

                   under Sections 307 and 394 of the Indian Penal Code and

                   section 27 of the Arms Act.

                                3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 12.02.2025 passed in Cr. Misc.

                   No.68301 of 2024, which reads as under:-

                                                            Heard learned counsel for the
                                              petitioner and learned APP for the State.
                                                         2. The petitioner seeks regular
                                              bail in connection with Gwalapara
                                              P.S.Case No.74 of 2020 registered for the
                                              offence under sections 307 and 394 of the
            Patna High Court CR. MISC. No.6318 of 2026(2) dt.12-02-2026
                                                        2/2




                                                 Indian Penal Code and section 27 of the
                                                 Arms Act.
                                                            3. The petitioner and another
                                                 co-accused have forcibly taken away the
                                                 motorcycle of the informant. Petitioner is
                                                 named in the FIR. He has two criminal
                                                 antecedents including another case under
                                                 Section 392. He is in jail since 12.06.2024.
                                                            4. Considering the allegation
                                                 levelled against the petitioner, I am not
                                                 inclined to grant bail to the petitioner.
                                                            7. Accordingly, this application
                                                 for regular bail is dismissed.”

                                        4. Learned counsel for the petitioner submits that

                      the charge has not been framed and the trial has been delayed by

                      the prosecution witness.

                                  5. Considering the gravity of the offence and the fact

                      that the trial has started, I am not inclined to review my earlier

                      order.

                                   6. Accordingly, the application stands dismissed.

                                   7. The trial court is directed to frame the charge and

                      proceed with the trial and in any case the trail is delayed, the

                      prosecution may renew his prayer for bail.



                                                 (Sandeep Kumar, J)
N.K/-

U       T


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