← Library
Patna High CourtCR. MISC./44865/2026bail rejected

Bipin Kumar Sharma @ Bipin Sharma v. The State Of Bihar

2026-07-03Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44865 of 2026 Arising Out of PS. Case No.-8 Year-2025 Thana- RATWARA District- Madhepura ====================================================== Bipin Kumar Sharma @ Bipin Sharma Son of Late Nageshwar Sharma Resident of Village- Muraut, P.S.- Tatwara, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ratwara P.S. Case No. 08 of 2025, instituted for the offences under Sections 103(1), 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3.

This is the second attempt of the petitioner for bail. The petitioner has renewed his prayer for grant of regular bail which was earlier rejected by this Court vide order dated 09.02.2026 passed in Cr. Misc. No. 80155 of 2025 taking into consideration the facts and circumstances of the case, cogent material against him in the case diary to show the active involvement of the petitioner in the alleged occurrence.

Patna High Court CR. MISC. No.44865 of 2026(2) dt.03-07-2026 2/3 4.

Learned counsel for the petitioner submits that the petitioner is languishing in judicial custody since 24.04.2025 without any rhymes or reason and has got two criminal antecedents. It is further submitted that charge has already been framed against the petitioner and out of six charge-sheeted witnesses, only four witnesses have been examined in this case. 5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP for the State relied upon a decision of the Hon'ble Apex Court reported in 2024 SCC OnLine SC 3539 (X. vs. State of Rajasthan & Anr.), wherein in paragraph no. 14, the Hon'ble Apex Court has held as under:

"14. Ordinarily in serious offences like rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court, be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused."

6.

There is no new ground to consider the bail petition of the petitioner. From the aforesaid report, it appears that the trial is going on and is at an advance stage.

Patna High Court CR. MISC. No.44865 of 2026(2) dt.03-07-2026 3/3 7.

In view of the above, the prayer for bail of the petitioner is again rejected with a direction to the court below to expedite the trial and conclude the same preferably within a period of three months from today. If the trial is not concluded within the period of three months, as stated above, the petitioner will be at liberty to renew his prayer before the court below. (Rudra Prakash Mishra, J) Rajorshi/- U T