Patna High Court
Md. SubhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the inordinate delay in trial and lack of progress justified granting regular bail to the petitioner despite his earlier self‑inculpatory statement.
Summary
The petitioner, Md. Subhan, a 22‑year‑old, applied for regular bail in a case registered under Sections 103(1), 351(3) and 3(5) of the Bihar Negotiable Substances Act, 2023 and Section 27 of the Arms Act. His earlier bail application was rejected because he had made a self‑inculpatory statement confessing guilt. The petitioner argued that he had been in custody since 24‑07‑2024 and that the trial had made no progress beyond the filing of the charge‑sheet, resulting in an inordinate delay. The court considered the delay in trial, the lack of any substantive proceedings, and the fact that a co‑accused had been granted bail by a coordinate bench. Balancing these factors, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to cooperate fully with the trial. The order was made subject to conditions under Section 482(2) of the Bihar Negotiable Substances Act and clarified that its observations were prima facie and not on the merits of the case.
Issues considered
- Whether the petitioner is entitled to regular bail despite having made a self‑inculpatory statement.
- Whether the delay in trial and lack of progress beyond the charge‑sheet justify granting bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for bail in this case.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Substances Act, 2023 — s. 103(1), 3(5), 351(3), 482(2)
Subjects
- regular bail
- trial delay
- self‑inculpatory statement
- Arms Act
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19521 of 2026
Arising Out of PS. Case No.-239 Year-2024 Thana- BIHARIGANJ District- Madhepura
======================================================
Md. Subhan S/o Md. Hakim R/o Village - Kathotiya Dharhara (Katholia
Dhanhara), P.S - Bihariganj, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar, Adv.
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 01-07-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. This is the 2nd attempt of the petitioner seeking
regular bail in connection with Bihariganj P.S. Case No. 239 of
2024, registered for the offence under Sections 103(1), 351(3) &
3(5) of the B.N.S., 2023 read with Section 27 of the Arms Act.
3. Earlier, the bail application of the petitioner was
rejected on 23.07.2025 in Cr. Misc. No. 19395 of 2025 which
reads as follows:-
“Heard learned counsel for the petitioner
and learned counsel for the State.
2. The petitioner seeks regular bail in
connection with Bihariganj P.S. Case No.239 of
2024 registered for the offence under sections
103(1), 3(5), 351(3) of the B.N.S., 2023 and
under section 27 of the Arms Act.
3. The accused persons including the
Patna High Court CR. MISC. No.19521 of 2026(3) dt.01-07-2026
2/3
petitioner are said to have killed the deceased.
The petitioner is in custody since 24.07.2024.
4. Learned counsel for the petitioner has
submitted that the petitioner is 22 years old boy
and he is not involved in the killing of the
deceased. He has further submitted that
similarly situated co-accused namely, Md.
Salamun @ Salumuddin has been granted bail
by a co-ordinate Bench of this Court vide order
dated 21.03.2025 passed in Criminal
Miscellaneous No.87808 of 2024.
5. Considering the fact that the petitioner
has made the self-inculpatory statement
confessing his guilt, I am not inclined to grant
him bail. Accordingly, this bail application is
rejected.”
4. Learned counsel for the petitioner submits that
though the petitioner is in custody since 24.07.2024 but in the
trial, there has been no progress and only charge-sheet has been
submitted.
5. Considering the period of custody and the delay in
trial, this application for regular bail is allowed.
6. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Rs.
Ten Thousand Only) with two sureties of the like amount each
to the satisfaction of the learned Court below where the case is
pending/successor Court in connection with Bihariganj P.S.
Case No. 239 of 2024, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S. with further conditions
that:-
Patna High Court CR. MISC. No.19521 of 2026(3) dt.01-07-2026
3/3
(i) The petitioner shall
appear in the trail regularly either
personally or through his lawyer and
shall cooperate in the trial and non-
cooperation in the trial shall result in
cancellation of the bail bond of the
petitioner.
(ii) At the time of accepting
the bail bonds of the petitioner, the
court below will verify the fact about
the delay in trial and will accept the
bail bonds, if in the trial, there has
been no progress, i.e. the trial has not
been proceeded after charge-sheet. If
this statement is found false,
appropriate order shall be passed by
the court below.
7. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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