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Patna High Court

Sushil KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court rejected the applications for regular bail, holding that bail should not be granted when the trial is near its conclusion.

Summary

The petitioners, Sushil Kumar and Nitesh Kumar, were charged under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, for allegedly inflicting knife blows on a deceased person. They have been in custody since 8 August 2024 and applied for regular bail, claiming innocence and that the trial is nearing its conclusion. The State opposed the bail applications. The Patna High Court, noting that the trial is close to completion, declined to grant regular bail, deeming it inappropriate at this stage. Consequently, the bail applications were rejected.

Issues considered

  • Whether regular bail should be granted to the accused under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 when the trial is on the verge of conclusion.

Legislation cited

Subjects

  • regular bail
  • Bharatiya Nyaya Sanhita
  • Section 103
  • Section 3(5)
  • criminal procedure
  • trial pending
  • bail denial

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.8295 of 2025
                       Arising Out of PS. Case No.-134 Year-2024 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Sushil Kumar S/o Sri Mahesh Rai @ Ramesh Rai R/o Village-Pakari Parsa,
                 ward no. 4, PS- Suppi, District- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                         with
                            CRIMINAL MISCELLANEOUS No. 11604 of 2025
                       Arising Out of PS. Case No.-134 Year-2024 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Nitesh Kumar @ Rupesh Kumar @ Vipesh Kumar Son of Ramesh Rai @
                 Mahesh Rai Resident of Village and P.O. - Pakri Parsa, P.S. - Suppi, District -
                 Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 8295 of 2025)
                 For the Petitioner/s     : Mr. Sunil Prasad Singh
                 For the Opposite Party/s : Mr. Anish Chandra
                 (In CRIMINAL MISCELLANEOUS No. 11604 of 2025)
                 For the Petitioner/s     : Mr. Dhananjay Kumar Singh
                 For the Opposite Party/s : Mr. Syed Mojibur Rahman
                                            Mr. Ashok Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   24-03-2026                 These cases arise out of the same P.S. Case i.e., Suppi

                   P.S. Case No. 134 of 2024; therefore, they are being heard

                   together and disposed of by a common order.

                               2. Heard the learned counsel for the petitioners and

                   learned APP for the State.

                               3. The petitioners seek regular bail in connection with

                   Suppi P.S. Case No. 134 of 2024 registered for the offence
            Patna High Court CR. MISC. No.8295 of 2025(5) dt.24-03-2026
                                                        2/2




                      under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita,

                      2023.

                                   4. The allegation against the petitioners is that they

                      inflicted knife blows upon the deceased. They are in custody

                      since 08.08.2024.

                                   5. Learned counsel for the petitioners submits that

                      petitioners are innocent and have not committed any offence. It

                      is further submitted that the trial is on the verge of conclusion.

                                   6. Learned A.P.P. for the State has vehemently

                      opposed the prayer for bail.

                                   7. Since the trial is on the verge of conclusion, this

                      Court is not inclined to grant regular bail to the petitioners.

                      Accordingly, these applications for regular bail stand rejected.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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