Created by Fuzzy Cloud

Patna High Court

Babu Kumar @ Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The petition for bail was rejected as no fresh ground for reconsideration was established.

Summary

The petitioner, Babu Kumar, was charged under IPC sections 324, 326, 307, 302 and 34 for allegedly assaulting and causing the death of the informant's brother and his friend. He has been in custody since 21‑06‑2024 and, after a first bail application was rejected, sought bail again, arguing that the trial is delayed with only four of nine prosecution witnesses examined. The State opposed, stating no fresh ground for bail and that custody length is not a ground for release. The trial court reported that the remaining witnesses would be examined and the trial could conclude within six months. The High Court found no new material or fresh ground to reconsider bail and therefore rejected the petition, directing the trial court to expedite disposal and the police to ensure the presence of the remaining witnesses.

Issues considered

  • Whether the petitioner is entitled to bail despite prolonged pre‑trial detention and incomplete examination of witnesses.
  • Whether any fresh ground exists to reconsider the earlier denial of bail.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • IPC offences
  • murder
  • grievous hurt
  • trial delay
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9153 of 2026
                         Arising Out of PS. Case No.-138 Year-2024 Thana- DELHA District- Gaya
                 ======================================================
                 Babu Kumar @ Abhishek Kumar, S/o- Late Biku Ravidas, Resident of
                 Mohalla- Chhotaki Delha Tekari Road P.S- Delha District- Gaya (Gaya Jee)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ramakant Singh, Advocate
                 For the Opposite Party/s :       Mr.Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   03-04-2026                  Heard learned 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. 95 of 2025, arising out of

                   Delha P.S. Case No. 138 of 2024, registered for the alleged

                   offences under Sections 324, 326, 307, 302 and 34 of the Indian

                   Penal Code.

                                3. As per the prosecution case, the petitioner and other

                   co-accused persons assaulted the brother of the informant and

                   his friend with knife and pointed rod and seriously injured them.

                   Subsequently, they succumbed to their injuries during treatment.

                                4. The learned counsel for 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
Patna High Court CR. MISC. No.9153 of 2026(3) dt.03-04-2026
                                            2/3




          vide order dated 01.09.2025 passed in Cr. Misc. No. 23385 of

          2025. The learned counsel further submits that the petitioner is

          in custody since 21.06.2024, but the trial has not been

          concluded till date. The learned counsel further submits that

          there is altogether 9 prosecution witnesses, but only 4 witnesses

          have been examined till date. So, there is no likelihood of early

          conclusion of trial. The learned counsel further submits that the

          petitioner is a student and there is no substantive material

          against him.

                       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 report dated 06.03.2026 has been received from

          the learned trial court about the present stage of trial wherein the

          learned trial court has submitted that out of 09 charge sheet

          witnesses, 4 witnesses have been examined and the trial was

          likely to be concluded 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,
           Patna High Court CR. MISC. No.9153 of 2026(3) dt.03-04-2026
                                                       3/3




                     his prayer for grant of bail is rejected.

                                  8. However, 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 remaining

                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.