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Patna High Court

Rintu Ram @ Pintu RamversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail to the petitioner, holding that the seriousness of the alleged offence and the stage of the trial warranted the continuation of custody.

Summary

The petitioner, Rintu Ram, sought bail for an alleged offence under Sections 304 and 34 of the Indian Penal Code arising from a dispute that led to the death of a child. The prosecution alleged that the petitioner assaulted the victim's neck with a brick, causing fatal injuries, and presented a post‑mortem report indicating antemortem trauma. The petitioner claimed innocence, lack of eyewitnesses, and a clean antecedent, arguing that the FIR was based merely on suspicion. The court examined the seriousness of the charge, the evidence of assault, and the stage of the trial, noting that most witnesses had already been examined. Concluding that the allegations were grave and the trial was nearing completion, the court declined to grant bail and directed the trial court to expedite the proceedings.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged culpable homicide under Sections 304/34 IPC given the seriousness of the allegations and the evidence presented
  • Whether the stage of the trial and the examination of witnesses justify denial of bail

Legislation cited

Subjects

  • bail
  • culpable homicide
  • IPC 304
  • IPC 34
  • criminal procedure
  • trial acceleration

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74408 of 2025
                       Arising Out of PS. Case No.-206 Year-2023 Thana- KOCHAS District- Rohtas
                 ======================================================
                 Rintu Ram @ Pintu Ram S/o- Dinanath Ram Resident of Village- Kuchila
                 PS- Kochas District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Siddharth Harsh
                 For the Opposite Party/s :         Mr.Arun Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   27-04-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Kochas P.S. Case No. 206 of 2023 registered

                   for the offence under Sections 304/34 of the Indian Penal Code.

                                3. Earlier the bail application of the petitioner was

                   rejected on 11.07.2024 in Cr. Misc. No. 34110 of 2024 which

                   reads as follows:-

                                                           Heard learned counsel for the petitioner
                                              and learned A.P.P. for the State.
                                                           2. The petitioner seeks bail in connection
                                              with Kochas P.S. Case No. 206 of 2023 dated 14.07.2023
                                              registered for the offence punishable under Sections
                                              304/34 of the I.P.C.
                                                           3. As per the prosecution case, on
                                              11.07.2023 at about 3:00 P.M., the informant’ daughter
                                              was feeding the cow in the Goshala after coming from
                                              her school. She kept her dupatta on the cot, in the
                                              meantime, the petitioner’s minor grand-son, Kariyawa
Patna High Court CR. MISC. No.74408 of 2025(6) dt.27-04-2026
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                                  aged about 07 years, took her dupatta and started
                                  fleeing away. She chased him for obtaining her dupatta
                                  then she got Kariyawa’s sister seated in a field. On the
                                  said matter, the grand father of Kariyawa, Sri Niwas
                                  Paswan started to abuseher and on instigation the
                                  petitioner Rintu Ram assaulted on her neck with brick.
                                  Thereafter, she came back to her home and started
                                  weeping and narrated whole story to the informant.
                                  When the informant went to the house of the petitioner
                                  and the co-accused for asking about the same, they
                                  assaulted her too. The informant along with her
                                  daughter came to her home. In the meantime, the
                                  informant’s daughter fell down on the cot and she died.
                                               4. Learned counsel for the petitioner has
                                  submitted that the petitioner is innocent and has falsely
                                  been implicated in this case. There is no intention of the
                                  petitioner to cause death to the petitioner. There is no
                                  eye witness to the alleged occurrence and only on the
                                  basis of suspicion, the F.I.R. has been lodged by the
                                  informant who is the mother of the deceased. The
                                  petitioner has clean antecedent as stated in paragraph
                                  no. 3 of the bail petition. He is in custody in this case
                                  since 10.10.2023.
                                               5. Learned A.P.P. for the State has
                                  vehemently opposed the bail petition of the petitioner
                                  and submits that there is specific allegation of assaulting
                                  on the neck of the deceased with brick is against the
                                  petitioner. The P.M. report indicates that the deceased
                                  sustained antemortem injury. The cause of death is due
                                  to traumatic shock caused by hard and solid object with
                                  thrusting force.
                                               6. Considering the aforesaid facts and
                                  circumstances of the case as well as the heinous nature
                                  of allegation against the petitioner, I’m not inclined to
                                  enlarge the petitioner on bail.
                                               7. Accordingly, the application stands
                                  rejected.
                                               8. Further, the learned trial court is directed
                                  to expedite the trial and conclude the same at the
                                  earliest.



                       4. At the very outset, the learned counsel for the

          petitioner very fairly submits that, in the trial, almost all the
            Patna High Court CR. MISC. No.74408 of 2025(6) dt.27-04-2026
                                                        3/3




                      witnesses have already been examined and the trial is on the

                      verge of conclusion.

                                   5. In view of the above, I am not inclined to grant

                      regular bail to the petitioner. Accordingly, the application for

                      regular bail stands rejected.

                                   6. It is expected that the trial shall not be

                      unnecessarily delayed by the prosecution, as almost all the

                      witnesses have already been examined.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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