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Patna High Court

Kamlesh PaswanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied because the charge had not been framed and the discharge petition was still pending, rendering the application premature.

Summary

Kamlesh Paswan was arrested in connection with a murder case (Sections 302/34 IPC) and has been in custody since May 2024. He applied for regular bail after the charge was not yet framed because a discharge petition he filed is pending before the trial court. The petitioner’s counsel argued that he has a clean antecedent and that the trial is premature for bail. The State opposed, noting the pending discharge petition and the lack of framed charges. The Patna High Court, after hearing both sides, declined to grant bail, holding that the case is premature for such relief.

Issues considered

  • Whether regular bail can be granted when the charge has not been framed and a discharge petition is pending
  • Whether the petitioner’s clean antecedent warrants bail despite the seriousness of the offence

Legislation cited

Subjects

  • regular bail
  • discharge petition
  • charge framing
  • IPC 302
  • IPC 34
  • criminal procedure
  • preliminary hearing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90632 of 2025
                         Arising Out of PS. Case No.-165 Year-2024 Thana- KONCH District- Gaya
                 ======================================================
                 Kamlesh Paswan son of Late Ram Pukar Paswan Resident Of Village And P S
                 -Konch District -Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dr. Kamal Deo Sharma, Advocate
                 For the Opposite Party/s :       Mr. Anil Prasad Singh, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   25-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sessions Trial No. 834 of 2025 arising out of Konch P.S. Case

                   No. 165 of 2024 lodged on 13.04.2024, for the offence

                   punishable under Sections 302/34 of the Indian Penal Code,

                   pending in the Court of Additional Sessions Judge-XIV, Gaya.

                                3. Learned counsel for the petitioner submits that the

                   regular bail application of the petitioner was earlier rejected

                   vide order dated 03.10.2024 passed in Cr. Misc. No. 72002 of

                   2024 with liberty granted to the petitioner to renew his prayer

                   for bail three months after framing of charge. Counsel submits

                   that petitioner is in custody since 24.05.2024, having clean

                   antecedent. Counsel submits that the charge has not been
             Patna High Court CR. MISC. No.90632 of 2025(3) dt.25-02-2026
                                                         2/2




                       framed, therefore, he is not responsible for the same. Counsel

                       further submits that on earlier occasion, report with regard to the

                       present stage of the trial was called for.

                                    4. Learned APP for the State opposes the prayer for

                       bail of the petitioner and submits that on earlier occasion, report

                       with regard to the present stage of the trial was called for and

                       from the said report, it transpires that the petitioner has filed a

                       discharge petition before the trial court due to which, charge has

                       not been framed, which is pending for hearing on discharge

                       petition.

                                    5. In the present facts and circumstances of the case,

                       this Court is not inclined to grant bail to the petitioner.

                       Accordingly, the prayer for regular bail of the petitioner is

                       hereby rejected, as this case is premature.



                                                                     (Dr. Anshuman, J)
Divyansh/-

U      T


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