Patna High Court
Biku Kumar @ Brij KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that there is no ground to grant bail or to review its earlier order, and therefore dismissed the bail application.
Summary
Biku Kumar was arrested on 6 February 2025 in connection with a case registered under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, which was first rejected on 18 June 2025. The petitioner argued that the trial had not yet commenced and that the framing of charge against him was being delayed by the co‑accused. The High Court examined whether the delay in charge‑framing justified granting bail or revisiting its earlier order. Finding no sufficient ground to alter its prior decision, the Court dismissed the second bail application and directed the lower court to separate the petitioner’s case, frame charges, and proceed with trial.
Issues considered
- Whether regular bail can be granted when the trial has not commenced and charge framing is delayed.
- Whether the High Court can review its earlier order denying bail.
- Whether the petitioner’s case should be separated and charges framed before trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- regular bail
- charge framing
- trial delay
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84638 of 2025
Arising Out of PS. Case No.-18 Year-2025 Thana- HASAN BAZAR District- Bhojpur
======================================================
Biku Kumar @ Brij Kumar Son of Parshuram Prasad Resident of Village and
P.O. and P.S.- Charpokhari in the District of Bhojpur (Ara)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shiv Shankar Prasad Yadav, Advocate
For the Opposite Party/s : Mr.Pranav Kumar,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 05-05-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Hasanpur P.S. Case No. 18 of
2025 registered for the offence under Sections 309(4) of the
Bharatiya Nyaya Sanhita, 2023. Earlier the bail application of
the petitioner was rejected vide order dated 18.06.2025 passed
in Cr. Misc. No. 37019 of 2025 which reads as under:-
Heard the learned counsel for the petitioner
and learned APP for the State.
2. The petitioner, who is in custody since
06.02.2025, seeks regular bail in connection with
Hasanpur P.S. Case No. 18 of 2025 registered for the
offence under Sections 309(4) of the Bharatiya Nyaya
Sanhita, 2023.
3. Unknown criminals looted Rs. 59,000/-
from the informant. The motorcycle number of the
Patna High Court CR. MISC. No.84638 of 2025(3) dt.05-05-2026
2/2
criminals has been given by the informant in the FIR.
The name of the petitioner has come during
investigation in the self-inculpatory statement of the
co-accused. In the scientific investigation, the presence
of the petitioner has come at the place of occurrence.
4. Considering the aforesaid facts and
circumstances, I am not inclined to grant bail to the
petitioner.
5. Accordingly, this application for regular
bail is hereby rejected.
3. It has been submitted by the learned counsel for
the petitioner that the trial has not commenced and the framing
of charge is being delayed by the co-accused.
4. Considering the aforesaid facts, this Court finds no
ground to review its earlier order.
5. Accordingly, this application is dismissed again
with direction to the concerned court below to separate the case
of the petitioner and frame the charges and proceed with the
trial.
(Sandeep Kumar, J)
tusharika/-
U T
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