Dismissed¶23

Umashankar Prasad v. The State of Bihar

Patna HC3 Apr 2026CR. MISC./13493/2026

Case brief

AI extract

What is this about?

Bail rejected; Section 302 IPC murder case; Piar P.S. Case No. 120 of 2020, Muzaffarpur; successive/fresh bail application after rejection dated 24.04.2025 in Cr. Misc. No. 4490 of 2025; no fresh ground; trial ongoing, three of seven prosecution witnesses examined; custody since 31.07.2024; APP relied on 2024 SCC OnLine SC 3539 (X. vs. State of Rajasthan & Anr.); direction to conclude trial within four months; liberty to renew bail prayer; Patna High Court; Rudra Prakash Mishra, J.; CR. MISC. No. 13493 of 2026; order dated 03-04-2026.

What did the court decide?

Liberty to renew the bail prayer before the court below if the trial is not concluded within four months. ¶23

Umashankar Prasad Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13493 of 2026

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Arising Out of PS. Case No.-120 Year-2020 Thana- PIYAR District- Muzaffarpur

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======================================================

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Umashankar Prasad S/o Late Ramdayal Prasad R/o Village- Lautan, P.SSakra, Dist- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Raju Kumar, Advocate Mr. Shubham Samrat, Advocate For the Opposite Party/s : Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

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3 03-04-2026

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Heard learned counsel for the petitioner and learned APP

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for the State.

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The petitioner seeks bail in connection with Piar P.S.

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Case No. 120 of 2020 instituted for the offences under Section 302 of the Indian Penal Code.

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Earlier vide order dated 24.04.2025 passed in Cr. Misc. No. 4490 of 2025 regular bail of the petitioner was rejected by this Court considering the direct and specific allegation against the petitioner.

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In compliance of the order dated 25.02.2026 a report dated 07.03.2026 with regard to the present stage of trial has been received. From perusal of the aforesaid report, it appears that there are altogether seven prosecution witnesses and out of

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Patna High Court CR. MISC. No.13493 of 2026(3) dt.03-04-2026 2/3

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them, three have been examined.

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Learned counsel for the petitioner submits that the petitioner is languishing in judicial custody since 31.07.2024 without any rhymes or reason.

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Learned APP for the State opposes the prayer for grant of bail. 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 has under:

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“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.”

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There is no fresh ground to consider the bail petition of the petitioner as also since the trial is going on, this Court is not inclined to grant bail to the petitioner.

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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 four months from today. If the trial

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Patna High Court CR. MISC. No.13493 of 2026(3) dt.03-04-2026 3/3

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is not concluded within the period of four months, as stated above, the petitioner will be at liberty to renew his prayer before the court below.

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(Rudra Prakash Mishra, J)

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Alok Verma/-

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U T

Umashankar Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Umashankar Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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