Patna High Court
Uday Kumar @ Uday Verma @ Uday Kumar VermaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
Holding
The Court granted liberty to the appellant to renew his bail application after six months, thereby disposing of the appeal.
Summary
Uday Kumar, a Scheduled Caste individual, was convicted under multiple IPC offences, the Arms Act and the SC/ST Act, and his application for regular bail was rejected by the Special Judge. He appealed to the Patna High Court under Section 14A(2) of the SC/ST (Prevention of Atrocities) Act, contending that he had been in custody for about six and a half years. The High Court examined the trial status, noting that only 7 of 17 witnesses had been examined and the trial was expected to conclude within six months. Considering the prolonged detention and the pending trial, the Court granted the appellant liberty to renew his bail application after a six‑month period. Consequently, the appeal was disposed of.
Issues considered
- Whether the appellant is entitled to regular bail after a prolonged custodial period of six and a half years.
- Whether Section 14A(2) of the SC/ST (Prevention of Atrocities) Act permits the grant of bail in the present circumstances.
- Whether the pending trial status and anticipated duration justify the grant of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 201, 302, 34, 363, 364, 365
- Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — s. 14A(2), 3(2)(v)
Subjects
- bail
- SC/ST Act
- custodial delay
- regular bail
- criminal procedure
- scheduled caste
- Indian Penal Code
- Arms Act
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.3431 of 2025
Arising Out of PS. Case No.-193 Year-2019 Thana- AMAS District- Gaya
======================================================
Uday Kumar @ Uday Verma @ Uday Kumar Verma S/O Late Jagdish Bhagat
R/O Village- Bharaundha, P.S.- Gurua, District- Gaya
... ... Appellant/s
Versus
1. The State of Bihar Patna
2. Renu Devi W/O Late Sanjay Kumar R/O Vill.- Ranikuan, P.S.- Madanpur,
Dist.- Aurangabad
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Dhirendra Prasad Sinha, Advocate
For the Respondent/s : Mr.Sadanand Paswan, Special PP
======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL ORDER
7 08-05-2026 The present appeal has been filed by the appellant under
Section 14A(2) of the Scheduled Caste and Scheduled Tribe
(Prevention of Atrocities) Act, 1989 (hereinafter referred to as
the ‘SC/ST Act’), against the order dated 15.04.2025 passed by
the Ld. Court of Special Judge-SC/ST, Gaya in B.P. No. 739 of
2025, arising out of Amas P.S. Case No. 193 of 2019 (Trial No.
213 of 2020), instituted for the offences punishable under
Sections 363, 365, 364, 302, 201, 120(B)/34 of the Indian Penal
Code, Section 27 of the Arms Act and Section 3(2)(v) of the
SC/ST Act, whereby and whereunder the prayer of the appellant
for grant of regular bail has been rejected.
2. It may be mentioned here that earlier also the appellant
Patna High Court CR. APP (SJ) No.3431 of 2025(7) dt.08-05-2026
2/2
had filed various appeals for grant of regular bail, however all of
them have stood dismissed.
3. Considering the fact that the appellant is languishing in
custody since about six and half years, this Court had called for
a report from the Ld. Trial Court vide order dated 06.02.2026
with regard to the present stage of the trial and the time likely to
be consumed for disposal of the same, in response whereof the
Ld. Trial Court has furnished a report dated 17.04.2026, wherein
it has been stated that out of 17 witnesses, 7 witnesses have
been examined and the trial is likely to be concluded within a
period of six months.
4. In view of the aforesaid, the Ld. Counsel for the appellant
seeks liberty on behalf of the appellant to renew his prayer for
grant of regular bail immediately after lapse of six months.
Liberty, so sought, is granted.
5. Accordingly, the present appeal stands disposed of.
(Mohit Kumar Shah, J)
S.Sb/-
U T
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