Patna High Court
sudhir Singh @ Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted bail to the petitioner, subject to a bond and sureties, after correcting the custody date.
Summary
The petitioner, Sudhir Singh, was arrested in connection with offences under Sections 406, 420 and 34 of the Indian Penal Code. He applied for regular bail, contending that the lower court's order mistakenly recorded his date of custody as 30‑04‑2025 instead of the correct date of 13‑05‑2025, and sought permission to rectify this error. The petitioner also relied on a prior bail application that had been withdrawn with liberty to re‑apply after charge framing, which was completed on 22‑12‑2025. The State opposed the bail, but the High Court considered the rectified custody date, the fact that charges had been framed, and the absence of any material reason to deny bail. Consequently, the Court ordered the petitioner’s release on bail upon furnishing a Rs.25,000 bond with two sureties of equal amount, and warned that the trial court could cancel bail if the petitioner attempted to delay the trial.
Issues considered
- Whether the petitioner is entitled to bail after the framing of charges under Sections 406, 420 and 34 IPC.
- Whether the erroneous custody date in the earlier order can be rectified during the bail proceedings.
Legislation cited
- Indian Penal Code — s. 34, 406, 420
Subjects
- bail
- criminal procedure
- Indian Penal Code
- charge framing
- surety
- custody date correction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8205 of 2026
Arising Out of PS. Case No.-633 Year-2022 Thana- PHULWARISHARIF District- Patna
======================================================
sudhir Singh @ Sudhir Kumar son of Ram Vilas Singh @ Ram Bilsh Singh @
Ram Bilash Singh Resident of village- Yarpur, Rajputana, PS- Gardanibagh,
Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ambrish Kumar son of Not Known Resident of village- Vrindavan Colony,
Road No. 02, Ps- Phulwarisharif, Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 406, 420 and 34 of the
Indian Penal Code.
3. Learned counsel for the petitioner submits that the
order impugned inadvertently records that petitioner is in
custody since 30.04.2025 when he is in custody since
13.05.2025, but then it is submitted that inadvertently in the
regular bail application at Para-4 it has been pleaded that
petitioner is in custody since 30.04.2025.
4. Learned counsel for the petitioner seeks permission
Patna High Court CR. MISC. No.8205 of 2026(2) dt.24-02-2026
2/3
to rectify the date of custody during course of the day.
5. Permission is accorded.
6. It is next submitted that petitioner had earlier
moved before this Court seeking regular bail by filing Criminal
Miscellaneous No. 49117 of 2025 and the same was permitted
to be withdrawn with liberty to the petitioner to renew his
prayer for bail after framing of charge.
7. The learned counsel for the petitioner submits that
charges against the petitioner have been framed by an order
dated 22.12.2025, as would manifest from Annexure P/5 at
Page-53.
8. Learned A.P.P. for the State opposes the regular bail
application of the petitioner.
9. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the fact
that charges against the petitioner have been framed, the
petitioner above-named, is directed to be released on bail on
furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor court in connection with Phulwarisharif P.S.
Case No. 633 of 2022.
Patna High Court CR. MISC. No.8205 of 2026(2) dt.24-02-2026
3/3
10. It is made clear that if the learned Trial Court
comes to a conclusion that petitioner after his release is trying to
delay the trial in any manner, the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioner.
11. Accordingly, the instant bail application is
allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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