Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the trial is at an advanced stage and the nature of the offences justifies continued detention.
Summary
Pawan Kumar and Nawin Kumar, accused of offences including wrongful restraint, hurt, attempted murder, murder with common intention and a violation of the Arms Act, applied for bail for a case registered on 30‑09‑2023. Their earlier bail plea was rejected on 24‑04‑2024. In a second bail application filed on 11‑02‑2026, the petitioners argued that the charge had been framed and the trial was nearing conclusion, with seven of eleven witnesses already examined. The court, relying on the Supreme Court’s decision in X v. State of Rajasthan (2024 SCC Online SC 3539), held that the seriousness of the offences and the advanced stage of trial warranted continued detention. Consequently, the bail application was dismissed and the trial court was directed to expedite the trial.
Issues considered
- Whether bail should be granted to the accused in serious offences including murder when the trial is near conclusion and most witnesses have been examined.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302/34, 307, 323, 341
Subjects
- bail
- murder
- IPC
- Arms Act
- trial proceedings
- witness examination
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88340 of 2025
Arising Out of PS. Case No.-189 Year-2023 Thana- JANKINAGAR District- Purnia
======================================================
1. Pawan Kumar S/o Batan Yadav R/o Village - Janki Nagar, Kari Mandal Tola,
P.S - Janki Nagar, District - Purnea
2. Nawin Kumar S/o Batan Yadav R/o Village - Janki Nagar, Kari Mandal Tola,
P.S - Janki Nagar, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv
Mr. Bidhu Ranjan, Adv
For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-02-2026 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 Janki Nagar
P.S.Case No. 189 of 2023 registered for the offence punishable
under Sections 341, 323, 307, 302/34 of the Indian Penal Code
and section 27 of the Arms Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 24.04.2024 passed in Cr. Misc.
No. 28612 of 2024 which reads as under:-
Heard learned counsel for the
petitioners and learned APP for the State.
2. The petitioners seek bail in
Patna High Court CR. MISC. No.88340 of 2025(2) dt.11-02-2026
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connection with S.T.No. 48 of 2024/CIS
No. 48 of 2024 arising out of Janki Nagar
P.S.Case No. 189 of 2023 registered for the
offence under sections 341,323,307,302/34
of the Indian Penal Code and section 27 of
the Arms Act.
3. The petitioners are the
assailants of the deceased. They are in jail
since 30.09.2023. Charge has been
framed against the petitioners in the trial
court.
4. Considering the fact that the
petitioners are the assailants of the
deceased, this application is dismissed.
5. The trial court is directed to
expedite the trial.”
4. Learned counsel for the petitioner submits that
the charge has been framed.
5. Considering the fact that the trial is on the verge
of conclusion and out of 11 witnesses, 7 witnesses have been
examined, the petitioner does not deserve bail in view of the law
laid down by the Hon’ble Supreme Court in the case of X Vs.
State of Rajasthan and Anr. Reported in 2024 SCC online SC
3539.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
N.K/-
U T
Patna High Court CR. MISC. No.88340 of 2025(2) dt.11-02-2026
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