Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The High Court held that there is no ground to grant bail and dismissed the petitioner's application.
Summary
Rakesh Kumar was arrested in connection with a murder case (PS Bakhtiyarpur Case No. 274 of 2024) and charged under Sections 302, 201, 120B and 34 of the Indian Penal Code. He applied for regular bail for the second time after an earlier bail application was rejected on 9 April 2025. The court noted that the FIR was lodged after the recovery of a dead body, that the petitioner was seen with the deceased, that the murder weapon was recovered from his vehicle, and that his own statement implicated him in a pre‑planned killing. Since the charges have been framed and the trial has commenced, the court found no ground to revisit its earlier order and denied bail. The court directed that the petitioner could apply again for bail if the prosecution causes undue delay in the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the existence of self‑incriminating evidence.
- Whether the High Court can review its earlier order denying bail.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 34
Subjects
- bail
- murder
- Indian Penal Code
- regular bail
- criminal conspiracy
- evidence
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89028 of 2025
Arising Out of PS. Case No.-274 Year-2024 Thana- BAKHTIYARPUR District- Patna
======================================================
Rakesh Kumar S/o Indradeo Prasad @ Indradev Lal Resident of Village- Badi
Chharaiari, P.S.- Tharthari, District- Nalanda. At present residing - Bhutnath
Road Bahadpur Housing Colony Kabir Park, P.S.- Agamkuan, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan
For the Opposite Party/s : Mr. Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner. The
petitioner seeks regular bail in connection with Bakhtiyarpur
P.S. Case No. 274 of 2024 registered for the offence under
Sections 302, 201, 120B & 34 of the Indian Penal Code.
3. Earlier the bail application of the petitioner was
rejected on 09.04.2025 in Cr. Misc. No. 1521 of 2025 which
reads as follows:-
Heard the learned counsel for the
petitioner and learned APP for the State; Sri
Jharkhandi Upadhyay.
2. The petitioner seeks regular bail in
connection with Bakhtiyarpur P.S. Case No. 274
of 2024 registered for the offence under Sections
302, 201, 120B & 34 of the Indian Penal Code.
3. Initially the FIR was registered
Patna High Court CR. MISC. No.89028 of 2025(2) dt.12-02-2026
2/2
after the recovery of the dead-body of a
unknown person subsequently the dead-body
was identified and during investigation the
petitioner and one more person was seen going
along with the deceased thereafter the petitioner
was caught and on his statement, the murder
weapon has been recovered from his vehicle.
4. Other materials have also come
apart from the self inculpatory statement of the
petitioner that he has killed the deceased in a
planned manner after taking the deceased away.
The petitioner is in jail since 24.05.2024.
5. Considering the aforesaid facts
and circumstances, I am not inclined to grant
bail to the petitioner. Accordingly, this
application for regular bail is dismissed.
4. The charges have been framed and the trial has
started. This Court finds no ground to review its earlier order.
Accordingly, this application for regular bail is hereby rejected.
5. If the prosecution delays the trial, the petitioner
may renew his prayer for bail.
(Sandeep Kumar, J)
Shishir/-
U T
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