Patna High Court
Rupesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 307, 394
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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