Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
The bail application was rejected as no fresh ground for reconsideration was established.
Summary
The petitioner, Pankaj Kumar, sought bail in a murder case (Sections 103(1), 61(2), 3(5) of BNS) where he and co‑accused were alleged to have killed the son of an informant. This was his second bail application after an earlier rejection on 15‑05‑2025. The petitioner argued that he had been in custody since 23‑08‑2024 without any prosecution witness being examined, claimed the case was an honour‑killing plot, and asserted that the trial would not conclude early. The State opposed, contending that no fresh ground was raised and custody duration alone could not justify bail. The High Court, noting the Additional Sessions Judge’s report that the trial was at the evidence‑recording stage and intended to be concluded within six months, found no new ground for reconsideration and therefore rejected the bail plea, while directing the trial court to expedite disposal and the police to ensure witness attendance.
Issues considered
- Whether the petitioner is entitled to bail despite prolonged pre‑trial detention and lack of examined prosecution witnesses
- Whether the petition raises any fresh ground for reconsideration of the earlier bail denial
- Whether the anticipated trial timeline affects the grant of bail
Legislation cited
- BNS — s. 103(1), 3(5), 61(2)
Subjects
- bail
- pre‑trial detention
- honour killing
- fresh ground for bail
- criminal procedure
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88932 of 2025
Arising Out of PS. Case No.-493 Year-2024 Thana- BELAGANJ District- Gaya
======================================================
Pankaj Kumar, S/o Vidyanand Prasad, R/o Village-Lachhan Bigha
(Shivarampur), P.S - Belaganj, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Sharma, Senior Advocate
Mr.Rakesh Kumar Sharma, Advocate
For the Opposite Party/s : Mr.Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
7 17-04-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Sessions Trial No. 190 of 2026, arising out of
Belaganj P.S. Case No. 493 of 2024, registered for the alleged
offences under Sections 103(1), 61(2), 3(5) of BNS.
3. As per the prosecution case, the son of the
informant was murdered and the petitioner and co-accused
Ashok Kumar @ Ashok Ram were apprehended by the police
for killing the son of the informant. The informant further
named some other persons for also being involved in the murder
of his son.
4. The learned senior counsel appearing on behalf of
Patna High Court CR. MISC. No.88932 of 2025(7) dt.17-04-2026
2/3
the petitioner submits that this is the second attempt of the
petitioner to seek bail from this Court. Earlier, the prayer for
bail of the petitioner was rejected vide order dated 15.05.2025
passed in Cr. Misc. No. 7803 of 2025. The learned senior
counsel further submits that the petitioner is in custody since
23.08.2024, but no prosecution witness has been examined till
date. The learned senior counsel further submits that the
petitioner is a 27 years old person and the case appears to be a
case of honour killing in which the petitioner being the nephew
of the main accused Ashok Ram has been roped in. The learned
senior counsel further submits that there is no likelihood of early
conclusion of trial.
5. The learned APP vehemently opposes the
submission made on behalf of the petitioner. The learned APP
submits that no fresh ground has been brought on record for
reconsideration of prayer of bail and the period of custody could
not be a ground.
6. A communication has been received from the
learned Additional Sessions Judge-XVII, Gaya vide letter no.
137/2026 dated 08.04.2026 wherein the learned Presiding
Officer has submitted that the Sessions Trial No. 190/2026,
arising out of Belaganj P.S. Case No.493 of 2024 is at the stage
Patna High Court CR. MISC. No.88932 of 2025(7) dt.17-04-2026
3/3
of recording the evidence of prosecution and summons have
been issued on witnesses. The learned Presiding Officer has
further submitted that the court would try to conclude the trial
within six months.
7. Having regard to the facts and circumstances and
submission made on behalf of the parties, I do not find any new
ground to reconsider the prayer for bail of the petitioner. Hence,
his prayer for grant of bail is rejected.
8. However, in the light of submission of the learned
trial court, the learned trial court is directed to abide by its
undertaking and dispose of the matter at the earliest.
9. At the same time, the Senior Superintendent of
Police, Gaya Jee is directed to ensure the presence of
prosecution witnesses on the dates fixed before the learned trial
court. In case, the Senior Superintendent of Police fails to
produce the witnesses on the dates fixed, he will be called
before this Court to explain the circumstances.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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