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Patna High Court

Nagendra Chandara Banshi @ Nagendra ChandravanshiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that bail could not be granted and dismissed the application.

Summary

The petitioners, Nagendra Chandara Banshi and Naredra Chandara Banshi, applied for regular bail in a case registered as Paliganj P.S. Case No. 455 of 2024, which involves offences under several sections of the Bihar Negotiable (BNS) Act, 2023. Their earlier bail application (Criminal Miscellaneous No. 28821 of 2025) had been rejected on the ground that the petitioner was the alleged assailant of the informant's brother. The trial court had already framed charges and examined three witnesses, indicating that the trial was underway. The State opposed bail, arguing that the seriousness of the allegations and the fact that charges were framed made bail inappropriate. After hearing both sides, the Patna High Court declined to grant bail, reaffirming the earlier rejection. Consequently, the regular bail application was dismissed.

Issues considered

  • Whether bail should be granted when charges have been framed and the trial has commenced
  • Whether the allegation of being the assailant of the informant's brother precludes the grant of bail

Subjects

  • bail
  • criminal procedure
  • charges framed
  • trial commenced
  • assault
  • informant
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19184 of 2026
                       Arising Out of PS. Case No.-455 Year-2024 Thana- PALIGANJ District- Patna
                 ======================================================
           1.     Nagendra Chandara Banshi @ Nagendra Chandravanshi Son of Late Raj
                  Narain Chandrabanshi Resident of village- Karkat Bigaha, Ps- Paliganj,
                  Dist- Patna
           2.    Naredra Chandara Banshi @ Narendra Chandra Vnshi @Tootu
                 Chandravanshi @ Tooddu Chandravanshi son of Late Raj Narain
                 Chandrabanshi Resident of village- Karkat Bigaha, Ps- Paliganj, Dist- Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Singh
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioners seek bail in connection with

                   Paliganj P.S. Case No. 455 of 2024 registered for the offences

                   punishable under Sections 191(2), 191(3), 190, 126, 115(2),

                   118, 109, 103, 352 and 351(3) of the BNS, 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner had earlier moved this Court seeking regular bail by

                   filing Criminal Miscellaneous No. 28821 of 2025 and the same

                   came to be rejected by an order dated 06.08.2025 on the ground

                   that petitioner is the assailant of the brother of the informant.

                                4. Learned counsel for the petitioner submits that
            Patna High Court CR. MISC. No.19184 of 2026(2) dt.07-05-2026
                                                        2/2




                      charges against the petitioner have been framed and three

                      witnesses have been examined, on which the learned APP

                      submits that since charges have been framed against the

                      petitioner and the trial has commenced and petitioner is alleged

                      to be the assailant of the brother of the informant, hence it is not

                      a fit case for granting bail to the petitioner.

                                   5. After hearing the learned counsel for the parties,

                      the Court is not inclined to release the petitioner on bail.

                                   6. Accordingly, the instant regular bail application

                      stands rejected.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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