Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40062 of 2026 Arising Out of PS. Case No.-179 Year-2024 Thana- KHAJEKALA District- Patna ====================================================== Prakash Kumar S/o Ajay Kumar @ Ajay Rai @ Akshay Rai @ Akshay Prakash @ Ajay Prakash @ Vijay Prasad R/o Vill- Naya Tola, P.SBakhtiyarpur, Dist- Patna, Present Address- Michai Gali, P.S- Chowk, DistPatna, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harsh Vardhan, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-06-2026 Heard Mr. Harsh Vardhan, learned counsel for the petitioner and Mr. Nagendra Prasad, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 21.06.2024 in connection with Sessions Trial Case No. 1359 of 2024 arising out of Khajekalan P.S. Case No. 179 of 2024, F.I.R. dated 22.04.2024 for the offences punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier the bail application of the petitioner has been rejected vide order dated 16.09.2025 passed in Cr. Misc. No. 45785 of 2025 by a Co-ordinate Bench of this Court.

4. Learned counsel for the petitioner submits that the petitioner is in custody since 21.06.2024 and the trial is not in

Patna High Court CR. MISC. No.40062 of 2026(2) dt.29-06-2026 2/2 progress.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that earlier the bail application of the petitioner has been rejected on merit and in the present case, the petitioner has not taken any new ground for grant of regular bail. Apart from that the petitioner has confessed his guilt which was recorded in paragraph no. 34 of the case diary in which he has stated that he has fired from pistol upon the chest of the owner of motorcycle in question (deceased) and due to which he died on the spot.

6. Considering the aforesaid facts and circumstances of the case that there is direct and specific allegation against the petitioner, I am not inclined to enlarge the petitioner on bail in connection with S. Tr. Case No. 1359 of 2024 arising out of Khajekalan P.S. Case No. 179 of 2024 pending in the court of learned District & Additional Sessions Judge-VIII, Patna City.

7. Prayer is refused.

8. However, learned trial court is directed to expedite and conclude the trial at the earliest.

(Rajesh Kumar Verma, J) Vanisha/- U T