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Patna High Court

SUBODH SINGH @ SUBODH KUMARversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is misconceived and cannot set aside the discharge order; bail is not granted and the trial must proceed.

Summary

The appellant, Subodh Singh, appealed against an order dated 22 July 2022 of the Special Judge which discharged him under Section 227 of the CrPC in a case involving multiple IPC offences, SC/ST Act violations and the Arms Act. He sought bail, claiming innocence and alleging that co‑accused had implicated him. The Special Public Prosecutor argued that the order pertained only to discharge and that the appellant was seeking bail after that order. The Patna High Court observed that the appeal contained no ground to set aside the discharge order and was therefore misconceived. Consequently, the court rejected the bail application and directed the trial court to expedite the trial, citing a recent Supreme Court judgment. The application was disposed of without granting bail.

Issues considered

  • Can the order of discharge under Section 227 CrPC be set aside by this appeal?
  • Is the appellant entitled to bail pending trial despite multiple criminal antecedents?
  • Is the appeal maintainable when it does not specifically challenge the discharge order?

Legislation cited

Subjects

  • bail
  • discharge under CrPC
  • trial delay
  • SC/ST Act
  • criminal antecedents
  • appeal misconceived

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.864 of 2023
                        Arising Out of PS. Case No.-466 Year-2019 Thana- NAGAR District- Vaishali
                  ======================================================
                  SUBODH SINGH @ SUBODH KUMAR S/O ISHWARI PRASAD SINGH
                  R/v- Chistipur, P.S.- Chandi, District- Nalanda

                                                                                    ... ... Appellant/s
                                                        Versus
            1.    The State of Bihar
            2.    Bijay Kumar Palo Singh Village and Post-Khurhadih, P.S.- Barhia, Dist-
                  Lakhisarai,

                                                            ... ... Respondent/s
                  ======================================================
                  Appearance :
                  For the Appellant/s     :        Mr. Shivanand Singh, Advocate
                  For the Respondent/s    :        Mrs. Usha Kumari 1, Spl. PP
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
                                        ORAL ORDER

11   26-02-2026                 Heard learned counsel for the appellant and learned

                    Special P.P. for the State.

                                2. The appellant, in the present case, is seeking setting

                    aside of the order dated 22.07.2022 passed by learned Special

                    Judge, SC/ST Vaishali at Hajipur in connection with SC/ST

                    (GR) Case No. 2778 of 2019 arising out of Hajipur Town P.S.

                    Case No. 466 of 2019 registered for the offence under Sections

                    341, 186, 307, 324, 326, 332, 333, 353, 120B/34 of the Indian

                    Penal Code and Section 3(i)(r)(s) and 3(2)(n) of the Scheduled

                    Castes and Scheduled Tribes (Prevention of Atrocities) Act and

                    Section 27 of the Arms Act. The appellant has got 13 criminal

                    antecedents.
Patna High Court CR. APP (SJ) No.864 of 2023(11) dt.26-02-2026
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                       3. Earlier, the prayer for bail of the appellant was

          rejected by this Court vide order dated 26.10.2021 passed in Cr.

          Appeal (SJ) No. 3622 of 2021 after noticing that the appellant

          had not disclosed the complete criminal antecedents and his

          Lawyers sought to withdraw from the case as according to them,

          they were not properly briefed. Appellant has declared in

          paragraph '3' of the appeal that he has got 13 cases besides four

          others in which he claims that he had never been made accused

          in those four cases. It is stated that in some of the cases, he has

          been acquitted.

                       4. It appears from his own averments that he is

          accused in several cases across the country on the allegation that

          he has been involved in similar offences in other localities.

                       5. In the present case, as per the First Information

          Report lodged by the Hajat In-charge of Town P.S., Hajipur, one

          under-trial prisoner Manish Kumar Singh was shot at when he

          was taken to the court of learned A.C.J.M.-III for his

          production. It is alleged that Havaldar Raj Kishore Singh,

          Havaldar Poshan Paswan and prisoner Manish Kumar Singh

          were shot at by unknown criminals.

                       6. Learned counsel for the appellant submits that the

          appellant is innocent and has been falsely implicated in this case
Patna High Court CR. APP (SJ) No.864 of 2023(11) dt.26-02-2026
                                             3/4




          only due to suspicion. He is in judicial custody since 30.09.2020

          and in the meantime, the co-accused Vicky Kumar @ Vicky

          Singh and Kunal Kumar Singh @ Kunal Kumar on whose

          confession name of the appellant transpired, has already been

          granted bail by this Court.

                       7. On the other hand, learned Special Public

          Prosecutor for the State submits that from the impugned order of

          the learned Special Judge, it would appear that the impugned

          order relates to the prayer of the appellant for his discharge

          under section 227 CrPC. In this Court, the appellant is giving an

          impression as if he has been refused to be enlarged on bail,

          therefore, he should be granted bail after setting aside the

          impugned order.

                       8. This Court finds substance in the submissions of

          learned Special Public Prosecutor for the State. The impugned

          order dated 22.07.2022 is an order passed on the discharge

          application of the appellant. In the appeal filed before this

          Court, there is no pleading, submission or ground for setting

          aside of the impugned order, but the prayer is to enlarge the

          appellant on bail after setting aside the impugned order.

                       9. This appeal seems to be wholly misconceived.

                       10. This Court has been informed that the trial is not
               Patna High Court CR. APP (SJ) No.864 of 2023(11) dt.26-02-2026
                                                            4/4




                         progressing with adequate pace. In the aforesaid view of the

                         matter, while rejecting the prayer for bail of the appellant, the

                         trial court is directed to proceed with the trial keeping in view

                         the recent judgment of the Hon’ble Supreme Court in the case

                         of The Central Bureau of Investigation Vs. Mir Usman @

                         Ara @ Mir Usman Ali passed in Special Leave to Appeal

                         (Crl.) No(s). 969 of 2025 and conclude the trial as early as

                         possible.

                                      11. This application stands disposed of accordingly.



                                                (Rajeev Ranjan Prasad, J)
rishik/-

U          T


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