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Patna High Court

Akhilesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to conditions, recognizing the undue delay and parity with the co‑accused.

Summary

Akhilesh Kumar was arrested in connection with a case registered under Sections 279 and 304A of the IPC, later amended to include Sections 302, 120B and 34. His earlier bail application was rejected, and he has been in custody since July 2023. The trial had not progressed beyond framing charges, with no witnesses examined, while a similarly situated co‑accused had been granted bail. Considering the two‑and‑a‑half‑year detention, the trial delay, and the precedent of bail to the co‑accused, the High Court allowed the petitioner's second bail application. He was released on a bail bond of Rs. 10,000 with two sureties, subject to cooperation with the trial and mandatory monthly police‑station appearances, with bail cancellation for non‑compliance.

Issues considered

  • What factors justify granting bail to an accused charged with murder and related offences after a prolonged pre‑trial detention?
  • Whether the grant of bail to a co‑accused in similar circumstances mandates similar relief for the petitioner.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • murder
  • culpable homicide not amounting to murder
  • trial delay
  • co‑accused bail
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79736 of 2025
                     Arising Out of PS. Case No.-269 Year-2022 Thana- MOTIPUR District- Muzaffarpur
                 ======================================================
                 Akhilesh Kumar S/O Ram Pravesh Ray @ Rampadarath Ray @ Padaras Ray
                 R/o Vill.- Bangra Muza, P.S.-Deoria, Dist.- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Vaishnavi Singh, Advocate
                 For the State            :        Ms.Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Motipur P.S. Case

                   No. 269 of 2022 registered for the offence punishable under

                   Sections 279/304(A) of the Indian Penal Code. Subsequently,

                   Sections 302/120(B)/34 of the Indian Penal Code has been

                   added.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 27.02.2024 passed in Cr. Misc.

                   No. 75046 of 2023, which reads as under:

                                            “Heard learned Senior Counsel for the
                                  petitioner and learned Additional Public
                                  Prosecutor for the State.
                                            2. The petitioner seeks bail in
                                  connection with Motipur P.S. Case No. 269 of
Patna High Court CR. MISC. No.79736 of 2025(2) dt.09-01-2026
                                            2/3




                        2022 registered for the offence punishable under
                        Sections 279/304(A) of the Indian Penal Code.
                        Subsequently, Sections 302/120(B)/34 of the
                        Indian Penal Code has been added.
                                   3. The role of the petitioner has come
                        in the killing of the deceased. The deceased was
                        killed by the accused persons and subsequently
                        they tried to give the murder a colour of acci-
                        dent. The petitioner has criminal antecedent also.
                        The petitioner is in custody since 01.07.2023.
                                   4.    Learned      Additional    Public
                        Prosecutor appearing on behalf of the State has
                        vehemently opposed the prayer for bail.
                                   5. Considering the above, I am not
                        inclined to grant bail to this petitioner for the
                        present. This application is dis-missed.
                                   6. The trial Court is directed to
                        expedite the trial. If there is no progress in the
                        trial then the petitioner may renew his prayer for
                        bail.”

                       4. In the trial, no witness has been examined and only

          charges have been framed. Similarly situated co-accused

          namely, Vikash Kumar @ Pakauri has been granted bail by this

          Court in Cr. Misc. No. 24312 of 2025 on 30.04.2025.

                       5. Considering the fact that the petitioner is in custody

          for about two and a half year, the delay in trial and the fact that

          the co-accused has been granted bail by this Court, this

          application is allowed.

                       6. Let the petitioner, above named, be released on bail

          on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          District and Additional Sessions Judge 17th Muzaffarpur/
           Patna High Court CR. MISC. No.79736 of 2025(2) dt.09-01-2026
                                                       3/3




                     concerned Court in connection with Motipur P.S. Case No. 269

                     of 2022, subject to the condition that the petitioner will co-

                     operate in the trial.

                                   7. The petitioner will also mark attendance in Deoria

                     Police Station, District- Muzaffarpur on the first and third

                     Sunday of the month. Any default in appearance at the Police

                     Station would result in cancellation of bail bonds of the

                     petitioner.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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