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Patna High Court

Rohit Pandey@ Rohit Kumar @ Dhuman Kumar @ Dhiman Kumar@ Dhumal KumarversusThe State Of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The High Court rejected the bail application, directing the trial court to expedite the trial within five months.

Summary

The petitioner, Rohit Pandey, was charged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for alleged firing. He had been in judicial custody since September 2024 and previously sought regular bail, which the High Court rejected. A fresh bail application was filed, but the State opposed it citing a Supreme Court decision that bail is rarely granted once trial for serious offences has commenced. The court noted that twelve witnesses were charge‑sheeted, four examined, and the trial was expected to conclude within six months. Finding no fresh ground for bail and relying on the precedent, the court again denied bail and directed the trial court to expedite the trial within five months, allowing a fresh application thereafter.

Issues considered

  • Whether bail can be granted to an accused of serious offences after the trial has commenced and prosecution witnesses have been examined
  • Whether the petitioner is entitled to bail on the ground of prolonged pre‑trial detention

Legislation cited

Subjects

  • bail
  • serious offences
  • trial commencement
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • pre‑trial detention
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22516 of 2026
                       Arising Out of PS. Case No.-335 Year-2024 Thana- BANIAPUR District- Saran
                 ======================================================
                 Rohit Pandey@ Rohit Kumar @ Dhuman Kumar @ Dhiman Kumar@
                 Dhumal Kumar S/O Jaymangal Singh @ Jay Mangal Singh Resident Of
                 Village - Rajauli, P.S- Baniyapur, Dist- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Binod Singh, Advocate
                 For the Opposite Party/s :       Mr. Pranav Kumar, APP
                 ======================================================
                 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 Sessions

                   Trial No. 1052 of 2024 arising out of Baniyapur P.S. Case No.

                   335 of 2024 instituted for the offences under Sections 103(1),

                   3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of

                   the Arms Act.

                             3. Earlier, vide order dated 15.09.2025 passed in Cr.

                   Misc. No. 67192 of 2025, regular bail of the petitioner was

                   rejected by this Court considering the direct allegation of firing

                   against the petitioner.

                             4. In compliance of the order dated 03.04.2026 a report

                   dated 13.04.2026 with regard to the present stage of trial has
Patna High Court CR. MISC. No.22516 of 2026(3) dt.01-05-2026
                                            2/3




          been received. From perusal of the aforesaid report, it appears

          that there are twelve charge-sheeted witnesses and out of which

          four have been examined. It is further reported that trial is likely

          to be concluded in six months.

                   5. Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 04.09.2024

          without any rhymes or reason.

                   6. Learned APP for the State opposes the prayer for

          grant of bail. Learned APP for the State 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, the Hon’ble Apex Court has held has 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 fresh ground to consider the bail petition

          of the petitioner.

                   8. In view of the above, the prayer for bail of the

          petitioner is again rejected with a direction to the court below to
           Patna High Court CR. MISC. No.22516 of 2026(3) dt.01-05-2026
                                                       3/3




                     expedite the trial and conclude the same expeditiously

                     preferably within a period of five months from today. If the trial

                     is not concluded within the period of five months, as stated

                     above, the petitioner will be at liberty to renew his prayer before

                     the court below.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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