Patna High Court
Kamlesh PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
- Indian Penal Code — s. 302, 34
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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