Patna High Court
Kundan Kumar @ Kundan Sahni @ Raj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied as there were no fresh grounds and the trial was at an advanced stage.
Summary
The petitioner, Kundan Kumar, was charged under Section 302 of the Indian Penal Code for murder and sought bail. An earlier bail application was rejected due to allegations of assault on an informant's son. A recent report indicated that three of six charge-sheeted witnesses had been examined and the trial was expected to conclude within six months. The petitioner argued that he had been in judicial custody since July 2023 without justification, while the State opposed bail. The court found no fresh ground for bail, noted the trial was at an advanced stage, and therefore rejected the bail petition, directing the lower court to expedite the trial within two months and allowing the petitioner to renew the bail application if the trial is not concluded.
Issues considered
- Whether bail can be granted to an accused of murder (IPC Sec. 302) at an advanced stage of trial
- Whether any fresh ground exists to reconsider the earlier bail rejection
- Whether the progress of the trial justifies denial of bail
Legislation cited
- Indian Penal Code — s. 302
Subjects
- bail
- murder
- IPC Section 302
- judicial custody
- trial delay
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69578 of 2025
Arising Out of PS. Case No.-205 Year-2023 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
Kundan Kumar @ Kundan Sahni @ Raj Kumar Son of kaari Sahni Village-
Maksudpur @ Maksudanpur Bhadiya, P.S.- Mohiuddin Nagar, District-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with S.T. No.
10 of 2024, arising out of Mohiuddin Nagar P.S. Case No. 205
of 2023, instituted for the offences under Section 302 of the
Indian Penal Code.
3. Earlier vide order dated 21.11.2024 passed in Cr.
Misc. No. 71329 of 2024, regular bail of the petitioner was
rejected by this Court considering the fact that there is direct
allegation against the petitioner to assault the son of informant
by means of Garasa.
4. In compliance of the order dated 26.09.2025, a report
dated 13.10.2025, with regard to the present stage of trial has
Patna High Court CR. MISC. No.69578 of 2025(3) dt.28-01-2026
2/2
been received. From perusal of the aforesaid report, it appears
that out of six chargesheeted witnesses, three witnesses have
been examined. It is further reported that trial is expected to be
concluded within six months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 26.07.2023
without any rhymes or reason.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no fresh ground to consider the bail petition
of the petitioner. From the aforesaid report, it appears that the
trial is going on and is at an advance stage.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of two months from today. If the trial
is not concluded within the period of two months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
manish/-
U T
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