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Patna High Court

Rameshwar Kumar @ Ramesh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted in view of the gravity of the offences of kidnapping and murder.

Summary

The petitioner, Rameshwar Kumar, was charged with kidnapping and murdering a six‑year‑old child under Sections 363, 302, 201 and 34 of the Indian Penal Code. He has been in custody since 29 April 2024 and the charges have been formally framed. The petitioner filed a second application for regular bail before the Patna High Court. The Court examined the seriousness of the offences, the fact that the accused had been in custody for several months, and the nature of the charges. Considering the gravity of the alleged crimes, the Court declined to grant bail and dismissed the application.

Issues considered

  • Whether regular bail can be granted to an accused charged with kidnapping and murder under Sections 363, 302, 201 and 34 IPC

Legislation cited

Subjects

  • bail
  • kidnapping
  • murder
  • IPC
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83297 of 2025
                      Arising Out of PS. Case No.-134 Year-2024 Thana- TAJPUR District- Samastipur
                 ======================================================
                 Rameshwar Kumar @ Ramesh Kumar Son of Pachu Ram @ Panchu Ram
                 Resident of Village- Chandauli Nikaspur @ Nikaspur Nisfi @ Chandauli,
                 P.S.- Tajpur, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bijay Bhushan Prasad
                 For the Opposite Party/s :       Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   31-01-2026                    Heard the parties.

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

                   of regular bail in connection with S.T. No. 501 of 2024 arising

                   out of Tajpur P.S. Case No. 134 of 2024 registered for the

                   offence under Sections 363 of the Indian Penal Code and later

                   on Sections 302, 201 and 34 of the Indian Penal Code was also

                   added.

                                3. As per the prosecution case, the petitioner is

                   accused of kidnapping and killing a six year old child.

                                4. The petitioner is in custody since 29.04.2024 and

                   charges have already been framed against the petitioner.

                                5. Considering the gravity of the offence, this Court is
          Patna High Court CR. MISC. No.83297 of 2025(2) dt.31-01-2026
                                                      2/2




                    not inclined to grant bail to the petitioner.

                                 6. Accordingly, this application is dismissed.



                                                               (Sandeep Kumar, J)
Vikas/-

U


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