Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88932 of 2025 Arising Out of PS. Case No.-493 Year-2024 Thana- BELAGANJ District- Gaya ====================================================== Pankaj Kumar, S/o Vidyanand Prasad, R/o Village-Lachhan Bigha (Shivarampur), P.S - Belaganj, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Senior Advocate Mr.Rakesh Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-04-2026 Heard learned senior 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. 190 of 2026, arising out of Belaganj P.S. Case No. 493 of 2024, registered for the alleged offences under Sections 103(1), 61(2), 3(5) of BNS.

3. As per the prosecution case, the son of the informant was murdered and the petitioner and co-accused Ashok Kumar @ Ashok Ram were apprehended by the police for killing the son of the informant. The informant further named some other persons for also being involved in the murder of his son.

4. The learned senior counsel appearing on behalf of

Patna High Court CR. MISC. No.88932 of 2025(7) dt.17-04-2026 2/3 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 vide order dated 15.05.2025 passed in Cr. Misc. No. 7803 of 2025. The learned senior counsel further submits that the petitioner is in custody since 23.08.2024, but no prosecution witness has been examined till date. The learned senior counsel further submits that the petitioner is a 27 years old person and the case appears to be a case of honour killing in which the petitioner being the nephew of the main accused Ashok Ram has been roped in. The learned senior counsel further submits that there is no likelihood of early conclusion of trial.

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 communication has been received from the learned Additional Sessions Judge-XVII, Gaya vide letter no. 137/2026 dated 08.04.2026 wherein the learned Presiding Officer has submitted that the Sessions Trial No. 190/2026, arising out of Belaganj P.S. Case No.493 of 2024 is at the stage

Patna High Court CR. MISC. No.88932 of 2025(7) dt.17-04-2026 3/3 of recording the evidence of prosecution and summons have been issued on witnesses. The learned Presiding Officer has further submitted that the court would try to conclude the trial 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, his prayer for grant of bail is rejected.

8. However, in the light of submission of the learned trial court, 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 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