Patna High Court
Shyam Sundar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed as there is no fresh ground and the nature of the offences warrants continued custody.
Summary
The petitioner, Shyam Sundar Rai, filed a bail application in connection with a case registered under Sections 109, 123, 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The High Court had earlier rejected regular bail on 28‑03‑2025, citing the seriousness of the offences. The petitioner contended that he had been in judicial custody since 22‑12‑2024 without justification and sought relief. The State opposed the application, arguing that there were no fresh grounds to revisit the earlier decision. The Court observed that the petition lacked any new material and that the case had not yet been committed to the Sessions Court, and therefore dismissed the bail plea. It directed the trial court to commit the case to the Sessions Court and to expedite the trial.
Issues considered
- Whether the petitioner is entitled to bail despite the earlier rejection of regular bail.
- Whether any fresh ground exists to entertain a fresh bail application.
- Whether the trial court should commit the case to the Sessions Court for trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 123, 3(5), 61(2)
Subjects
- bail
- judicial custody
- criminal procedure
- commitment to session court
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11318 of 2026
Arising Out of PS. Case No.-494 Year-2024 Thana- BIDUPUR District- Vaishali
======================================================
Shyam Sundar Rai Son of Late Sobhit Rai Resident of Village- Vishanpur
Paltu, P.S.- Bidupur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bidupur
P.S. Case No. 494 of 2024, instituted for the offences under
Sections 109, 123, 103(1), 61(2) and 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. Earlier vide order dated 28.03.2025 passed in Cr.
Misc. No. 18296 of 2025, regular bail of the petitioner was
rejected by this Court considering the nature and gravity of the
offence.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 22.12.2024
without any rhymes or reason.
5. Learned APP for the State opposes the prayer for grant
Patna High Court CR. MISC. No.11318 of 2026(2) dt.13-02-2026
2/2
of bail.
6. There is no fresh ground to consider the bail petition of
the petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected.
8. Considering the submission made on behalf of
petitioner, it appears that case has not been committed to the
Court of session. Hence, the learned trial court is directed to
take steps for commitment of the case and conclude the trial
expeditiously.
(Rudra Prakash Mishra, J)
manish/-
U T
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