Patna High Court
Nandan Kumar Singh @ Nandan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to a bond and conditions.
Summary
Nandan Kumar Singh was charged under several IPC sections (341, 323, 354, 307, 504, 506/34) and Section 27 of the Arms Act for alleged firing. The petitioner had been denied bail twice earlier and had been in custody since 20‑04‑2024. On his third bail application, counsel argued that none of the five charge‑sheeted witnesses had been examined and the trial was unlikely to conclude soon, amounting to a violation of Article 21 of the Constitution. The State opposed the bail, citing the seriousness of the offences. The Court, noting the prolonged pre‑trial detention and lack of progress, held that continued incarceration would be punitive and contrary to the spirit of Article 21, and therefore granted bail on a bond of Rs.15,000 with two sureties and conditions of appearance.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences charged.
- Whether the prolonged pre‑trial detention violates the right to life and liberty under Article 21 of the Constitution.
- Whether the delay in trial and non‑examination of witnesses justify granting bail.
Legislation cited
- Arms Act — s. 27
- Constitution of India — s. Article 21
- Indian Penal Code — s. 307, 323, 341, 354, 504, 506/34
Subjects
- bail
- pre‑trial detention
- Article 21
- IPC offences
- Arms Act
- trial delay
- fundamental rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17191 of 2026
Arising Out of PS. Case No.-102 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Nandan Kumar Singh @ Nandan Singh S/O Late Rajendra Singh R/O Vill.-
Rungta Gali, K.G Road Nawada Ward No 39, P.S- Ara Nawada, District-
Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 01-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Udwantnagar P.S. Case No. 102 of 2024 instituted for the
offence under Sections 341, 323, 354, 307, 504, 506/34 of the
Indian Penal Code and Section 27 of the Arms Act.
3. Earlier, vide order dated 11.12.2024 passed in Cr.
Misc. No. 84452 of 2024 and again vide order dated 18.08.2025
passed in Cr. Misc. No. 39912 of 2025, regular bail of the
petitioner was rejected twice by this Court considering the direct
allegation of firing against the petitioner.
4. Learned counsel submits that this is the third attempt
of the petitioner for grant of bail in the light of observation
Patna High Court CR. MISC. No.17191 of 2026(3) dt.01-05-2026
2/3
recorded by this Court vide order dated 18.08.2025 passed in
Cr. Misc. No. 39912 of 2025, wherein the liberty was granted to
the petitioner to renew his prayer for bail if the trial is not
concluded within a period of six months. It is mainly submitted
that in this case there are five charge-sheeted witnesses but none
of them have been examined, which is evident from the report
sent by learned court below. It has been submitted on behalf of
the petitioner that the petitioner is in custody since 20.04.2024 .
Learned counsel further submits that there is no likelihood of
the trial being concluded in the near future. Learned counsel
goes on to submit that the continued incarceration of the
petitioner without conclusion of trial amounts to a gross
violation of the fundamental right guaranteed under Article 21
of the Constitution of India, which is reiterated by Hon’ble
Apex Court in plethora of judgments.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, period of custody of the petitioner and taking into
account the fact that continued detention of the petitioner would
serve no purpose other than punitive pretrial incarceration,
which is antithetical to the spirit of Article 21 of the
Patna High Court CR. MISC. No.17191 of 2026(3) dt.01-05-2026
3/3
Constitution of India, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Udwantnagar P.S.
Case No. 102 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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