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Patna High Court

Vikash Singh @ Vikash Kumar ChoudharyversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Successive bail applications filed within six months of a prior rejection are not appreciated and the application is dismissed.

Summary

The petitioner, Vikash Singh, was charged under Sections 302, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act. His earlier bail application was rejected on 9 July 2025. He filed a second regular bail application on 18 October 2025, about three and a half months after the rejection. The Patna High Court observed that filing successive bail applications within six months of a prior rejection is not appreciated and therefore dismissed the application. The court directed the trial judge to conduct the trial expeditiously and to avoid unnecessary adjournments, especially concerning any pending discharge applications.

Issues considered

  • Whether a successive bail application filed within six months of a prior rejected bail application can be entertained
  • Whether bail should be granted in a case involving offences under IPC Sections 302, 307, 34 and Arms Act Section 27

Legislation cited

Subjects

  • bail
  • successive bail application
  • IPC
  • Arms Act
  • trial expeditious
  • adjournments

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75201 of 2025
                  Arising Out of PS. Case No.-216 Year-2023 Thana- BAHADURPUR District- Darbhanga
                 ======================================================
                 Vikash Singh @ Vikash Kumar Choudhary S/O Ashok Singh R/O Village-
                 Tarlahi, P.S- Bahadurpur, Dis.- Darbhanga.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Mritunjay Kumar
                 For the Opposite Party/s :     Mr.Jharkhandi Upadhyay
                 For the Informant        :     Mr. Bhaskar Shankar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                    Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection with Bahadurpur P.S. Case No. 216

                   of 2023 registered for the offence under Sections 302, 307, 34 of

                   the Indian Penal Code and under Section 27 of the Arms Act.

                                3. From the perusal of the records, it appears that the

                   earlier bail application of the petitioner was rejected vide order

                   dated 09.07.2025 and this bail application has been filed on

                   18.10.2025 within approx three and a half months of the

                   rejection of the earlier bail application.

                                4. The practice of filing of sucessive bail application

                   within six months of earlier rejection of the bail application is

                   not appreciated by this Court.
          Patna High Court CR. MISC. No.75201 of 2025(3) dt.11-02-2026
                                                      2/2




                                 5. Accordingly, this application is dismissed.

                                 6. The trial Judge is directed to proceed with the trial

                    expeditiously and he is directed to not grant any unnecessary

                    adjournments on the prayer of the petitioner that the discharge

                    application of the petitioner or other accused, is pending.



                                                                  (Sandeep Kumar, J)
Vikas/-

U


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