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

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

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to cooperation in the trial and attendance at Deoria Police Station, District- Muzaffarpur on the first and third Sunday of each month, failing which the bail bonds are liable to be cancelled.

Issue for consideration

Whether the petitioner, whose earlier bail application was rejected on 27.02.2024 in Cr. Misc. No. 75046 of 2023, should now be granted bail in Motipur P.S. Case No. 269 of 2022 (with Sections 302/120(B)/34 IPC added) in view of his prolonged custody, the delay in trial, and the bail granted to the similarly situated co-accused.

Court's answer

The second bail application is allowed, considering that the petitioner has been in custody for about two and a half years, the delay in the trial, and the fact that the co-accused has been granted bail by this Court.

Ratio / Principle

The petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned District and Additional Sessions Judge 17th, Muzaffarpur/concerned Court, in connection with Motipur P.S. Case No. 269 of 2022, subject to the condition that he will cooperate in the trial.

Key takeaways

As a condition of bail, the petitioner shall mark attendance at Deoria Police Station, District- Muzaffarpur on the first and third Sunday of every month.ratio¶29
Any default in appearance at the Police Station would result in cancellation of the petitioner's bail bonds.ratio¶29

Detailed headnote1 paragraphs

Bail granted — second application. The petitioner sought bail in Motipur P.S. Case No. 269 of 2022 (Muzaffarpur), registered under Sections 279/304(A) IPC, with Sections 302/120(B)/34 IPC subsequently added. His first bail application was rejected on 27.02.2024 in Cr. Misc. No. 75046 of 2023, wherein his role in the killing, his criminal antecedent, and custody since 01.07.2023 were noted. In the present second application, the Court observed that no witness had been examined and only charges framed; that the petitioner had been in custody for about two and a half years; and that the similarly situated co-accused, Vikash Kumar @ Pakauri, had been granted bail in Cr. Misc. No. 24312 of 2025 on 30.04.2025. On these grounds — prolonged custody, delay in trial and parity with the co-accused — the application was allowed. Bail was granted on furnishing bonds of Rs. 10,000/- with two like sureties, subject to cooperation in the trial and attendance at Deoria Police Station, District- Muzaffarpur on the first and third Sunday of every month, any default entailing cancellation of the bail bonds. (Sandeep Kumar, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79736 of 2025

Arising Out of PS. Case No.-269 Year-2022 Thana- MOTIPUR District- Muzaffarpur

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

Akhilesh Kumar S/O Ram Pravesh Ray @ Rampadarath Ray @ Padaras Ray R/o Vill.- Bangra Muza, P.S.-Deoria, Dist.- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Vaishnavi Singh, Advocate For the State : Ms.Rina Sinha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 09-01-2026

Heard learned counsel for the petitioner and learned

APP for the State.

This is the second attempt on behalf of the petitioner for grant of bail in connection with Motipur P.S. Case No. 269 of 2022 registered for the offence punishable under Sections 279/304(A) of the Indian Penal Code. Subsequently, Sections 302/120(B)/34 of the Indian Penal Code has been added.

Earlier the bail application of the petitioner has been rejected vide order dated 27.02.2024 passed in Cr. Misc. No. 75046 of 2023, which reads as under:

“Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Motipur P.S. Case No. 269 of

Patna High Court CR. MISC. No.79736 of 2025(2) dt.09-01-2026 2/3

2022 registered for the offence punishable under Sections 279/304(A) of the Indian Penal Code. Subsequently, Sections 302/120(B)/34 of the Indian Penal Code has been added.

3. The role of the petitioner has come in the killing of the deceased. The deceased was killed by the accused persons and subsequently they tried to give the murder a colour of accident. The petitioner has criminal antecedent also. The petitioner is in custody since 01.07.2023.

4. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

5. Considering the above, I am not inclined to grant bail to this petitioner for the present. This application is dis-missed.

6. The trial Court is directed to expedite the trial. If there is no progress in the trial then the petitioner may renew his prayer for bail.”

In the trial, no witness has been examined and only

charges have been framed. Similarly situated co-accused namely, Vikash Kumar @ Pakauri has been granted bail by this Court in Cr. Misc. No. 24312 of 2025 on 30.04.2025.

Considering the fact that the petitioner is in custody for about two and a half year, the delay in trial and the fact that the co-accused has been granted bail by this Court, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge 17^th Muzaffarpur/

Patna High Court CR. MISC. No.79736 of 2025(2) dt.09-01-2026 3/3

concerned Court in connection with Motipur P.S. Case No. 269 of 2022, subject to the condition that the petitioner will cooperate in the trial.

The petitioner will also mark attendance in Deoria Police Station, District- Muzaffarpur on the first and third Sunday of the month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner.

(Sandeep Kumar, J)

P. Kumar

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