Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Considering the period of custody and the delay in trial, the regular bail application is allowed.
Summary
Rohit Kumar was arrested in September 2023 for alleged murder under Sections 302 and 34 of the IPC. He had been denied regular bail twice earlier. The petitioner argued innocence, highlighted that only five of nine witnesses had been examined, and cited the long custodial period and trial delay. The State opposed the bail. The court, noting the extended custody and delay, allowed the regular bail application, directing release on a Rs.10,000 bond with two sureties and conditions of regular appearance.
Issues considered
- Whether regular bail should be granted to the accused given the delay in trial and prolonged custody.
Legislation cited
- Indian Penal Code — s. 302, 34
Subjects
- regular bail
- murder
- IPC 302
- IPC 34
- trial delay
- custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.719 of 2026
Arising Out of PS. Case No.-176 Year-2023 Thana- NIMCHAKBATHANI District- Gaya
======================================================
Rohit Kumar S/o Yogendra Chaudhary R/o Vill - Bhinnak Bigha, PS-
Neemchak Bathani, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi
For the Opposite Party/s : Mr. Shyam Kumar Singh
Mr. Narendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 25-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 3rd attempt of the petitioner for regular
bail in connection with Sessions Trial No. 214 of 2024 arising
out of Neemchak Bathani P.S. Case No. 176 of 2023 registered
for the offence under Sections 302/34 of the Indian Penal Code.
3. Earlier, the regular bail applications of the
petitioner were rejected twice; first in Cr. Misc. No. 10802 of
2024 on 18.04.2024 and then in Cr. Misc. No. 1374 of 2025 on
18.01.2025.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 26.09.2023 and claims clean
Patna High Court CR. MISC. No.719 of 2026(4) dt.25-02-2026
2/2
antecedent. He further submits that the charges have been
framed and out of nine witnesses, only five witnesses have been
examined so far. The petitioner has renewed his prayer for bail
on the ground of delay in trial and the period of custody.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the period of custody and the delay in
trial, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand)with two sureties of the like amount each to the
satisfaction of the learned concerned Court below, Gaya in
connection with Sessions Trial No. 214 of 2024 arising out of
Neemchak Bathani P.S. Case No. 176 of 2023 subject to
condition that:-
(i). The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
(Sandeep Kumar, J)
Shishir/-
U T
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