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2026 DAILYLAW 39664 (PAT)

Rakesh Kumar v. The State of Bihar

CR. MISC./72649/2025 · 2026-02-11

Sandeep Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72649 of 2025 Arising Out of PS. Case No.-517 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Rakesh Kumar S/o- Late Shivan Ram Bhuiyan @ Shivam Bhuiyan R/v- Azad Bigha Ps- Madanpur Dist- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Aman Vishal, Advocate For the Opposite Party/s : Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 3 11-02-2026 Heard the parties. 2. This is the second attempt of the petitioner for grant of regular bail in connection Sessions Trial No. 313/2024/ 200/2024 arising out of Madanpur P.S. Case No. 517 of 2023 registered for the offence under Sections 302, 201 and 34 of the Indian Penal Code. Earlier the bail application of the petitioner was rejected vide order dated 22.02.2024 passed in Cr. Misc. No. 10625 of 2024 which reads as under:- Heard the learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks regular bail in connection with Madanpur P.S. Case No. 517 of 2023 registered for the offence under Sections 302, 201, 34 of the Indian Penal Code. 3. As per the prosecution case, the informant’s son Mahendra Yadav (deceased) was in a relationship with Sanju Kumari, which infuriated the petitioner. The petitioner along with other accused Patna High Court CR. MISC. No.72649 of 2025(3) dt.11-02-2026 2/2 persons assaulted the son of the informant by means of fists, slap and sticks due to which he fainted and later succumbed to injury. 4. Learned counsel for the petitioner submits the petitioner is a person of clean antecedent, he has not committed any overt act. He further submitted that the petitioner was not present at the place of occurrence. Learned counsel submits that the petitioner is in custody since 04.12.2023. 5. Learned A.P.P. has vehemently opposed the prayer for bail and submitted that the name of the petitioner transpired during the investigation in a confessional statement made by one of the co-accused who participated in killing of Mahendra Yadav. 6. Considering the serious allegation levelled against the petitioner and the manner of murder, I am not inclined to grant bail to the petitioner. 7. Accordingly, this application for regular bail stands dismissed. 3. It has been submitted by the learned counsel for the petitioner that the trial is progressing and out of eight, six witnesses have been examined. 4. The trial judge vide his report dated 04.12.2025 has submitted that he will conclude the trial within four months. 5. Considering the aforesaid facts, this Court finds no ground to review its earlier order. 6. Accordingly, this application is dismissed again. tusharika/- (Sandeep Kumar, J) U T