Patna High Court

Deebakar Kumar Singh @ Diwakar Kumar @ Diwakar Kumar SinghversusThe State of Bihar

Decided: 10 April 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

Bail was refused.

Summary

Diabakar Kumar Singh, arrested on 8 September 2022, is charged under Sections 307, 302/34 of the Indian Penal Code and Section 27 of the Arms Act for allegedly firing at the informant's father, resulting in his death. The petitioner, claiming a clean record and false implication, sought bail after two earlier applications were rejected, arguing that the trial had been unduly delayed beyond the six‑month period directed by the court. The trial court had examined seven of nine charge‑sheet witnesses and promised to conclude the trial within three to four months. The State opposed bail, emphasizing the seriousness of the offences and supporting medical evidence. The High Court, considering the nature of the allegations and the trial status, refused bail and directed the trial court to expedite the proceedings.

Issues considered

Whether bail should be granted to the accused in a murder case involving Sections 307, 302/34 IPC and Section 27 Arms Act despite alleged trial delay.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 302, 307, 34

Subjects

bail
murder
IPC
Arms Act
trial delay
judicial custody
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89566 of 2025
                      Arising Out of PS. Case No.-263 Year-2022 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Deebakar Kumar Singh @ Diwakar Kumar @ Diwakar Kumar Singh S/o-
                 Baidhnath Singh @ Baidynath Prasad Singh Village- Larua PS- Tajpur Halai
                 OP District- Samastipur

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rakesh Singh, Advocate
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   10-04-2026                        Heard Mr. Rakesh Singh, learned counsel for the

                   petitioner and Mr. Ashok Kumar Singh, learned A.P.P. for the

                   State.

                                2. The petitioner seeks bail, who is in custody since

                   08.09.2022 in connection with Jandaha P.S. Case No. 263 of

                   2022, FIR dated 01.09.2022 registered for the offence under

                   Section 307, 302/34 of the Indian Penal Code and Section 27 of

                   Arms Act.

                                3. The allegation against the petitioner is that he along

                   with other unknown miscreants fired upon the father of the

                   informant due to which his father sustained injuries and during

                   treatment he died.

                                4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.89566 of 2025(5) dt.10-04-2026
                                            2/3




          submits that the petitioner has clean antecedent and he has

          falsely been implicated in this case. Earlier the bail application

          of the petitioner was rejected twice vide order dated 20.06.2023

          and 06.10.2023 in Cr. Misc. No. 14323 of 2023 and Cr. Misc.

          No. 39227 of 2023. He further submits that while rejecting the

          bail application of the petitioner, the Court had directed the

          learned Trial Court to conclude the trial within a period of six

          months but the learned Trial Court did not conclude the trial as

          yet and the petitioner is rotting in judicial custody since

          08.09.2022.

                       5. Vide order dated 27.01.2026 a report was called

          with regard to stage of the trial. Report of the learned Trial

          Court dated 05.02.2026 reveals that out of nine charge sheet

          witnesses, seven witnesses have been examined. The learned

          Trial Court has further stated that ‘it shall make all endeavors to

          conclude the trial within three to four months’.

                          6. Learned A.P.P. for the State, on the other hand,

          has vehemently opposed the prayer for bail of the petitioner .

                          7. Considering the facts and circumstances of the

          case as well as nature of allegation which is supported by

          medical evidence and report of the learned Trial Court, I am not

          inclined to enlarge the petitioner on bail in connection with
            Patna High Court CR. MISC. No.89566 of 2025(5) dt.10-04-2026
                                                        3/3




                      Jandaha P.S. Case No. 263 of 2022, pending in the Court of

                      District and Additional Sessions Judge-II, Vaishali, Hajipur.

                                   8. Prayer is refused.

                                   9. However the learned Trial Court is directed to

                      expedite the trial and conclude the same at the earliest.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T

Continue reading with your account

Checking your session…