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Patna High Court

Subodh Kumar Singh @ Subodh GopversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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