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Patna High Court

Dhananjay Singh @ Dhananjay Kumar Singh @ Dhananjai Singh @ Dhananjai Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed; bail is not granted as there are no fresh grounds and the trial is at an advanced stage.

Summary

The appellant, Dhananjay Singh, was charged with murder, wrongful confinement, intimidation and other offences under the IPC, the Arms Act and the SC/ST Act. He applied for regular bail for the third time after two earlier refusals. The State argued that the trial was nearing completion, citing a Supreme Court decision that bail is rarely granted once serious‑offence trials commence. The appellant contended that he had been in custody since April 2023 and that the trial was not close to conclusion. The High Court observed that ten of twelve witnesses had already been examined, found no fresh ground to revisit the earlier decision, and therefore dismissed the appeal, directing the trial court to expedite the trial and allowing a fresh bail application if the trial is not concluded within one and a half months.

Issues considered

  • Whether bail can be granted at the present stage of a trial involving serious offences under the IPC, Arms Act and SC/ST Act.
  • Whether there are any fresh grounds to revisit the earlier denial of bail.
  • Whether the trial is sufficiently near conclusion to preclude bail.

Legislation cited

Subjects

  • bail
  • serious offences
  • trial stage
  • IPC
  • Arms Act
  • SC/ST Act
  • high court
  • appeal
  • witness examination

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.3701 of 2025
                    Arising Out of PS. Case No.-93 Year-2023 Thana- BHAGWANPUR District- Kaimur
                                                        (Bhabua)
                 ======================================================
                 Dhananjay Singh @ Dhananjay Kumar Singh @ Dhananjai Singh @
                 Dhananjai Kumar Singh S/o- Ramadhar Singh Village- Kinarchola Ps-
                 Bhagwanpur Dist- Kaimur at Bhabua

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Brijesh Ram S/o- Late Basgit Ram R/o- Kinarchola Ps- Bhagwanpur Dist-
                 Kaimur

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Ms. Mukul Kumari, Advocate
                 For the Respondent/s   :        Mr. Binay Krishna, APP
                 For the Informant      :        Mr. Tribhuwan Narayan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   15-01-2026             Heard learned counsel for the appellant, learned Special

                   Public Prosecutor for the State and learned counsel for the

                   informant.

                           2. Earlier, regular bail of the appellant was twice rejected

                   vide orders dated 09.11.2023 & 24.04.2025 passed in Cr. Appeal

                   (S.J.) No. 3181 of 2023 and Cr. Appeal (SJ) No. 3108 of 2024,

                   respectively. Present is the third application by way of appeal

                   for regular bail filed on behalf of the appellant.

                           3. The instant appeal has been filed by the appellant

                   against the order dated 26.08.2025 passed by District and

                   Additional Session Judge-I-cum-Special Judge, Kaimur at
Patna High Court CR. APP (SJ) No.3701 of 2025(4) dt.15-01-2026
                                             2/4




          Bhabua, whereby the prayer for bail of the appellant in

          connection with Bhagwanpur P.S. Case No. 93 of 2023 under

          Sections 302, 342, 504, 506, 34 of the Indian Penal Code read

          with Section 27 of the Arms Act and Sections 3(i)(r)(s) and 3(2)

          (v) of SC/ST Act was rejected.

                  4. Learned counsel for the appellant submits that

          appellant is in custody since 09.04.2023. It is fervently

          submitted that there is no likelihood of the trial being concluded

          in the near future, hence, appellant may be released on bail.

                  5.     Per contra, learned SPP for the State and learned

          counsel for the informant submits that trial is on the verge of its

          conclusion, hence, appellant is not entitled for bail. Learned SPP

          has further 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, Hon’ble Apex

          Court has observed as under:

                                                             “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
Patna High Court CR. APP (SJ) No.3701 of 2025(4) dt.15-01-2026
                                             3/4




                                                   the   bail    application    of   the
                                                   accused.”
                  6. On perusal of the report called for from the court

          below, it transpires that out of total twelve (12) witnesses, ten

          (10) witnesses have been examined.

                  7. After hearing learned counsel for the appellant, this

          Court does not find any fresh ground to revisit the matter which

          is already decided by this Court on merit. Accordingly, taking

          into account the aforesaid facts and circumstances of the case

          and specifically keeping in view the present stage of the case,

          this Court is not inclined to allow the appeal.

                  8. Accordingly, the appeal stands dismissed. The trial

          Court is directed to expedite the trial expeditiously. However, if

          the trial is not concluded within a period of one and half months

          from the date of receipt/production, the appellant will have

          liberty to renew his prayer for bail in the Court below.

                  9.     The      District      Magistrate,       Kaimur       and   the

          Superintendent of Police, Kaimur are also directed to take

          necessary steps to produce the witnesses on the date fixed in the

          Trial Court so that the trial could be concluded within the

          stipulated period. The Director-in-Chief, Health Department,

          Government of Bihar is further directed to take necessary steps

          to produce the Doctor (remaining witness) on the date fixed in
           Patna High Court CR. APP (SJ) No.3701 of 2025(4) dt.15-01-2026
                                                        4/4




                     the Trial Court so that the trial could be concluded within the

                     stipulated period.

                              10. Let this order be communicated to the District

                     Magistrate, Kaimur and the Superintendent of Police, Kaimur as

                     also the Director-in-Chief, Health Department, Government of

                     Bihar.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


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