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Patna High Court

Nandan Kumar Singh @ Nandan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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