Patna High Court
Kumar ShivversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Bail was denied at this stage of the proceedings.
Summary
The petitioner, Kumar Shiv, was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act for a murder case, with allegations that he was the main assailant who fired the weapon. He has been in custody since June 13, 2024, and his earlier bail application was rejected, with permission to reapply after a year if the trial showed no progress. The trial court reported that charges have been framed and prosecution evidence is scheduled for February 18, 2026. The High Court considered the fact that the petitioner is the principal accused and that the trial has already commenced. Consequently, the Court declined to grant bail at this stage but allowed the petitioner to renew his bail prayer after six months if the trial does not progress satisfactorily.
Issues considered
- Whether bail should be granted to the accused who is alleged to be the main assailant in a murder case under IPC Sections 302/34 and Arms Act Section 27, given that the trial has commenced.
Legislation cited
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- trial progress
- main assailant
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.704 of 2026
Arising Out of PS. Case No.-199 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Kumar Shiv S/O Dayanath Jha Resident of Village- Athri, P.S.- Runnisaidpur,
Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Chandra
For the Opposite Party/s : Mr. Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 18-02-2026 1. Heard the parties.
2. The petitioner has been made accused in connection with
Runnisaidpur P.S. Case No. 199 of 2024 dated 12.06.2024
registered under Section 302 / 34 of the I.P.C. and Section 27 of
the Arms Act giving rise to S.T. No. 614 of 2024.
3. The bail application of the petitioner was earlier rejected
on merit vide order dated 29.11.2024 passed in Cr. Misc. No.
75297 of 2024 with liberty to the petitioner to renew his prayer
for bail after one year if the trial does not show any progress.
4. The petitioner is in custody since 13.06.2024.
5. There is direct allegation of firing against the petitioner
and the petitioner is the main assailant.
6. This Court has called for a report from the trial court
regarding the present stage of the trial and in pursuance thereof
Patna High Court CR. MISC. No.704 of 2026(3) dt.18-02-2026
2/2
report has been submitted by learned Principal District &
Sessions Judge -cum-Special Judge (NDPS), Sitamarhi vide
letter no. 12 / 2026 dated 24th January 2026 informing that
charge has been framed and the case is fixed for prosecution
evidence on 18.02.2026.
7. Considering the fact that the petitioner is the main
assailant and the trial has started, accordingly, I am not inclined
to grant bail at this stage.
8. However, the petitioner may renew his prayer for bail
after six months if the trial does not progress satisfactorily.
(Anil Kumar Sinha, J)
praful/-
U
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