Patna High Court
Dhananjay Singh @ Dhananjay Kumar Singh @ Dhananjai Singh @ Dhananjai Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34, 342, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(v), 3(i)(r)(s)
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
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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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