Patna High Court
Rajiv Singh @ Rajeev Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
The court held that there is no fresh ground to grant bail and, with the trial close to conclusion, bail must be denied.
Summary
The appellants, Rajiv Singh and Jitendra Singh, were charged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r)(s) and 3(2)(v) of the SC/ST Act. They had earlier applied for bail, which was rejected by the Special Judge and subsequently by the High Court in earlier appeals. The appellants filed a fresh bail application, claiming they have been in judicial custody since 12‑08‑2024 without justification. The court observed that the trial is at the defence‑evidence stage and is nearing conclusion, and that no fresh ground exists to revisit the earlier bail denial. Consequently, the court rejected the bail plea and directed the lower court to expedite the trial, dismissing the appeal.
Issues considered
- Whether bail should be granted to the appellants at the defence‑evidence stage of the trial under the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act.
- Whether any fresh ground exists to reconsider the earlier denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r)(s), 3(2)(v)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- SC/ST Act
- judicial custody
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5143 of 2025
Arising Out of PS. Case No.-200 Year-2024 Thana- BANJARIA District- East Champaran
======================================================
1. Rajiv Singh @ Rajeev Kumar Singh Son of Jitendra Singh @ Jitendar Singh
Resident of Village - Ajgarimath, Ward No.- 5, P.S.- Banjaria, District - East
Champaran.
2. Jitendra Singh @ Jitendar Singh Son of Prem Singh Resident of Village -
Ajgarimath, Ward No.- 5, P.S.- Banjaria, District - East Champaran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Nikhil Ranjan Kumar Son of Krishnandan Ram Resident of Village -
Ajgarimath, Ward No.- 5, P.S.- Banjaria, District - East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Subodh Kumar Mishra, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 15-05-2026 Heard learned counsel for the appellants and learned
SPP for the State.
2. The instant appeal has been filed by the appellants
against the order dated 01.11.2025 passed by Special Judge
SC/ST Act, East Champaran, Motihari whereby the prayer for
bail of the appellants in connection with GR No. 211 of 2024,
TR No. 90 of 2024, Banjaria P.S. Case No. 200 of 2024 under
Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and
Patna High Court CR. APP (SJ) No.5143 of 2025(4) dt.15-05-2026
2/3
Sections 3(1)(r)(s), 3(2)(v) of SC/ST Act was rejected.
3. Earlier, vide order dated 30.01.2025 passed in Cr.
Appeal (SJ) No. 5062 of 2024, regular bail of the appellants
was rejected by this Court considering the nature and gravity of
offence as also there being direct allegation against the
appellants. Further, vide order dated 22.09.2025 in Cr. Appeal
(SJ) No. 3083 of 2025 and order dated 22.09.2025 in Cr. Appeal
(SJ) No. 3167 of 2025, the appeals of the appellants were
dismissed as withdrawn.
4. In compliance of the order dated 10.04.2026, a report
dated 29.04.2026 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
that the trial is at the stage of defence evidence.
5. Learned counsel for the appellants submits that the
appellants are languishing in judicial custody since 12.08.2024
without any rhymes or reason.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no fresh ground to consider the prayer for
grant of bail to the appellants and since the trial is on the verge
of conclusion, this Court is not inclined to grant bail to the
appellants.
Patna High Court CR. APP (SJ) No.5143 of 2025(4) dt.15-05-2026
3/3
8. In view of the above, the prayer for bail of the
appellants is again rejected with a direction to the court below to
expedite the trial.
9. Accordingly, the present appeal stands dismissed.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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