Patna High Court
Pragati Kumar @ PappuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted considering the delay in trial and the petitioner’s prolonged custody.
Summary
Pragati Kumar, a dentist alleged to be involved in Naxal activities, was arrested in connection with a case of extortion and vehicle arson and charged under several sections of the Bihar Non-Applicable (BNS) Act. His earlier bail application was rejected, and he has been in custody since December 2024. The petitioner argued that co‑accused have been granted bail, only two of five charge‑sheeted witnesses have been examined, and the trial is progressing slowly. The High Court, noting the prolonged custody and delay in trial, allowed the regular bail application, directing a bail bond of Rs.10,000 with two sureties who must be close relatives. The court imposed conditions that the petitioner attend the police station every Sunday of each month and cooperate fully with the trial, with non‑compliance leading to bail cancellation.
Issues considered
- Whether regular bail can be granted to the petitioner despite the serious nature of the offences under the BNS Act.
- Whether the delay in trial and the period of custody justify the grant of bail.
- What conditions may be imposed on bail in such circumstances.
Subjects
- regular bail
- delay in trial
- custody period
- Bihar Non-Applicable Act
- Naxal activities
- extortion
- vehicle arson
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74821 of 2025
Arising Out of PS. Case No.-287 Year-2024 Thana- KARPI District- Arwal
======================================================
Pragati Kumar @ Pappu son Dev Magal Prasad Resident of village- Jinpura,
P.S.- Piarpura, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rashid Izhar
Mr. Adil Abbas
For the Opposite Party/s : Mr. Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Karpi P.S. Case No. 287
of 2024 registered for the offence under Sections 308(3), 308(4),
326(f), 324(6), 111(5) and 3(5) of the BNS. Earlier the bail
application of the petitioner was rejected vide order dated
13.05.2025 passed in Cr. Misc. No. 12990 of 2025.
3. As per the prosecution case, some unknown
criminals are said to have burnt the vehicle of the informant
after their demand of extortion was not met.
4. The petitioner is in custody since 15.12.2024.
During investigation, it has come that the petitioner is a dentist
Patna High Court CR. MISC. No.74821 of 2025(3) dt.11-02-2026
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and he was involved in Naxal activities.
5. It has been submitted by the learned counsel for
the petitioner that the persons, who have named the petitioner in
this case, have already been granted bail by police. He further
submits that from the report of the trial Judge, it appears that in
the trial only two witnesses have been examined out of five
charge-sheeted witnesses and the trial is moving at a slow pace.
6. Considering the delay in the trial of the
petitioner and the period of custody o the petitioner, this
application is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Chief Judicial Magistrate, Arwal,
Jehanabad/concerned Court below in connection with Karpi P.S.
Case No. 287 of 2024, subject to the condition that both the
bailors should be close relatives of the petitioner.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Piarpura Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
Patna High Court CR. MISC. No.74821 of 2025(3) dt.11-02-2026
3/3
9. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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