Patna High Court
Subodh Kumar Singh @ Subodh GopversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed; the petitioner remains in custody and the trial must be expedited.
Summary
Subodh Kumar Singh was arrested in connection with a Danapur police case involving offences under Sections 190, 191(2), 115(2), 117(2), 103, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, including an alleged homicide. He has been in judicial custody since 10 January 2025 and filed a second bail application after an earlier denial. The State opposed bail, relying on a Supreme Court decision that bail in serious offences should be denied once trial commences. The High Court found no new material to revisit the earlier decision and noted that the trial was about to start. Consequently, the court rejected the bail petition, ordered the trial to be completed within four months, and directed the lower court to assign the case to an additional district judge for speedy proceedings.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and the pending trial.
- Whether any new ground exists to reconsider the earlier denial of bail.
- Whether the High Court can direct the lower court to expedite the trial within a specified period.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 115(2), 117(2), 190, 191(2), 3(5), 351(2), 352
Subjects
- bail
- serious offences
- trial expeditious
- Bharatiya Nyaya Sanhita
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22494 of 2026
Arising Out of PS. Case No.-1007 Year-2024 Thana- DANAPUR District- Patna
======================================================
Subodh Kumar Singh @ Subodh Gop S/o Dwarika Rai @ Dwarika Gop R/o
Village - Lakhani Bigha, P.S- Danapur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prabhat, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 15-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Danapur P.S. Case No. 1007 of 2024 instituted for the offences
under Sections 190, 191(2), 115(2), 117(2), 103, 351(2), 352 &
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected on merit by this Court vide order
dated 19.09.2025 passed in Cr. Misc. No. 49719 of 2025, taking
into account the fact that there is direct allegation against the
petitioner that he pressed a rod on the chest of informant’s son,
causing suffocation and death.
Patna High Court CR. MISC. No.22494 of 2026(3) dt.15-05-2026
2/3
4. In compliance of the order dated 03.04.2026, a
report dated 11.05.2026, with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
appears that record is pending for police paper and commitment.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 10.01.2025,
without any rhymes or reason, having two criminal antecedents.
Learned counsel for the petitioner submits that there is no
likelihood of the trial being concluded in the near future, hence,
petitioner may be enlarged on bail.
6. Learned APP for the State opposes the prayer for
grant of bail. Learned APP has further relied upon a decision of
the Hon’ble Apex Court reported in 2024 SCC Online SC 3539
(X. vs. State of Rajasthan & Anr.), wherein in paragraph No.14,
Hon’ble Apex Court has observed as under:
“14. Ordinarily in serious
offences like rape, murder, dacoity,
etc., once the trial commences and the
prosecution starts examining its
witnesses, the Court be it the Trial
Court or the High Court should be
loath in entertaining the bail
application of the accused.”
7. There is no new ground to consider the bail petition
Patna High Court CR. MISC. No.22494 of 2026(3) dt.15-05-2026
3/3
of the petitioner. From the aforesaid report, it appears that the
trial is going to be started soon.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of four months from today. If the trial
is not concluded within the period of four months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
9. The learned Principal District & Sessions Judge, Patna
is hereby directed to assign the case to a competent learned
Additional District Judge for conducting the trial at the earliest
and to closely monitor the proceedings so as to ensure
expeditious framing of charge and prompt examination of
witnesses.
10. Let a copy of this order be forthwith communicated to
the learned Principal District & Sessions Judge, Patna for
information and necessary compliance.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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