Dularchand Kumar @ Dular Chand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80170 of 2025 Arising Out of PS. Case No.-143 Year-2024 Thana- SARMERA District- Nalanda ====================================================== Dularchand Kumar @ Dular Chand Kumar Son of Shri Kaushal Paswan R/o Village- Jagdishpur, P.S.- Jairampur, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with S. Tr. No. 55 of 2025 arising out of Sarmera P.S. Case No. 143 of 2024 instituted for the offences under Sections 103, 238, 61(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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 on merit by this Court vide order dated 13.05.2025. passed in Cr. Misc. No. 6916 of 2025, taking into account the fact that nature and gravity of the offence. 4.

In compliance of the order dated 21.11.2025, a report dated 18.12.2025, with regard to the present stage of trial

Patna High Court CR. MISC. No.80170 of 2025(3) dt.09-01-2026 2/3 has been received. From perusal of the aforesaid report, it appears that four out of six charge sheet witnesses have been examined in this case. It is further reported that trial is likely to be concluded within a period of six months.

5.

Learned counsel for the petitioner submits that the petitioner is languishing in judicial custody since 16.07.2024 without any rhymes or reason. It is mainly submitted that there is no likelihood of the trial being concluded in the near future, hence, petitioner deserves the privilege of bail. 6.

Learned APP for the State opposes the prayer for grant of bail. Learned APP has further 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, Hon'ble Apex Court has observed 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."

7.

There is no new ground to consider the bail petition

Patna High Court CR. MISC. No.80170 of 2025(3) dt.09-01-2026 3/3 of the petitioner. From the aforesaid report, it appears that the trial is going on and is at an advance stage. 8.

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 expeditiously 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) Raj Kishore/- U T