Patna High Court
Ravi Kumar @ Ravi Singh @ Kallu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied the petitioner's application for regular bail.
Summary
The petitioner, Ravi Kumar, was charged under Sections 302, 201 and 34 of the Indian Penal Code for the alleged murder of his wife, who was reportedly tortured over a demand for a vehicle and Rs. 2 lakh. He applied for regular bail, having been in custody since 11 September 2023, while the trial remains incomplete with five of seven prosecution witnesses examined and two witnesses declared hostile. The prosecution opposed bail, emphasizing the seriousness of the offences and the ongoing investigation. The Court, after hearing counsel, declined to grant bail, noting the gravity of the charges and the partial progress of the trial. It directed the trial court to expedite the proceedings and conclude the case within six months.
Issues considered
- Whether regular bail should be granted to an accused in a murder and conspiracy case under Sections 302, 201 and 34 IPC.
- Whether the partial examination of prosecution witnesses and the presence of hostile witnesses affect the bail decision.
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- murder
- IPC 302
- conspiracy
- trial delay
- hostile witness
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.799 of 2026
Arising Out of PS. Case No.-483 Year-2023 Thana- MAHUA District- Vaishali
======================================================
Ravi Kumar @ Ravi Singh @ Kallu Singh S/o Lalbabu Singh R/o Vill-
Vishanpur, Bejha, P.S.- Mahua, Distt- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 06-02-2026 Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of
regular bail in connection with Mahua P.S. Case no. 483 of 2023
registered under sections 302, 201 and 34 of the Indian Penal
Code.
3. As per the prosecution case, the informant states
that his sister who was married to the petitioner herein, was
tortured for demand of a vehicle and Rs. 2 lacs in cash. She was
ultimately done to death and her body was disposed of.
4. Learned counsel for the petitioner submits that the
prayer for bail of the petitioner was rejected on earlier occasion
twice, the last being vide order dated 3.1.2025 passed in Cr.
Misc. no. 79555 of 2024. Inspite of the petitioner having
remained in custody since 11.9.2023, the trial has still not been
Patna High Court CR. MISC. No.799 of 2026(3) dt.06-02-2026
2/2
completed. The petitioner undertakes to cooperate in the trial
and to abide by any conditions which may be laid by this Court
for his release on bail. It is further submitted that two witnesses
have been declared hostile.
5. The application for bail is opposed by learned APP
for the State.
6. A report was called for from the learned trial Court.
As per the report received contained in letter dated 20.1.2026,
out of the seven chargesheet witnesses, five witnesses have been
examined on behalf of the prosecution.
7. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
petitioner being the husband of the deceased and the trial having
progressed in so far as five out of the seven chargesheet
witnesses have been examined, the Court is not inclined to enlarge
the petitioner on bail and the application is rejected.
8. The learned Trial Court is directed to expedite the trial
and to conclude the same at the earliest, preferably within a period of
six months.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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