Patna High Court
Suraj ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail is denied as there is no new ground to alter the earlier decision.
Summary
Suraj Chauhan was arrested on 2 May 2024 in connection with offences under Sections 342, 323, 376, 379 and 504 of the Indian Penal Code. He filed a regular bail application, which had earlier been rejected by the High Court. In a second bail petition he argued that he has no criminal antecedent, has been in judicial custody for over two years, and that none of the eight prosecution witnesses have yet been examined, making trial unlikely to conclude soon. The State opposed the bail, and the Court observed that no new material ground was raised to revisit the earlier decision. Consequently, the Court rejected the bail petition and directed the trial court to complete the trial within six months, allowing the petitioner to re‑apply thereafter.
Issues considered
- Whether the petitioner is entitled to bail despite prolonged pre‑trial detention and lack of trial progress.
- Whether any new material fact or ground exists to merit a fresh consideration of bail after an earlier denial.
Legislation cited
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 323, 342, 376, 379, 504
Subjects
- bail
- pre‑trial detention
- Indian Penal Code
- Criminal Procedure Code
- trial delay
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10272 of 2026
Arising Out of PS. Case No.-122 Year-2024 Thana- DURAULI District- Siwan
======================================================
Suraj Chauhan S/o Kedar Chauhan Resident of Village- Piparahiyan, P.S.-
Darauli, District- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Pinki Devi W/o Ramu Chauhan Resident of Village- Piparahiyan, P.S.-
Darauli, District- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with S.T.
No. 445 of 2024, arising out of Darauli P.S. Case No. 122 of
2024 instituted for the offences under Sections 342, 323, 376,
379 & 504 of the Indian Penal Code.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected on merit by this Court vide order
Patna High Court CR. MISC. No.10272 of 2026(3) dt.03-04-2026
2/3
dated 24.02.2025, passed in Cr. Misc. No. 83373 of 2024, taking
into account the Section 164 Cr.P.C. statement of the victim.
4. In compliance of the order dated 13.02.2026 a
report dated 26.03.2026 with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
appears that out of eight prosecution witnesses, no witnesses
have been examined till date.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 02.05.2024
without any rhymes or reason, having no criminal antecedent.
Learned counsel for the petitioner submits that there is no
likelihood of the trial being concluded in the near future, hence,
petitioner may be enlarged on bail.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no new ground to consider the bail petition
of the petitioner.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of six months from today. If the trial
is not concluded within the period of six months, as stated
Patna High Court CR. MISC. No.10272 of 2026(3) dt.03-04-2026
3/3
above, the petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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