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Patna High Court

Shyam Sundar RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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