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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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