Patna High Court
Umesh RajbanshiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition was dismissed as no fresh ground existed and the trial had not progressed sufficiently to justify release.
Summary
Umesh Rajbanshi was arrested in connection with a case registered under Sections 126(2), 115(2), 109, 303(2), 3(5) and 103 of the Bharatiya Nyaya Sanhita, 2023. He applied for bail, but the Patna High Court had earlier rejected regular bail, directing the trial court to expedite the trial. The petitioner remained in judicial custody from 3 May 2025 and again sought bail, claiming he was being detained without reason. The State opposed the bail application, arguing that there were no fresh grounds to revisit the earlier decision. The Court found that the stage of trial – only two of seven charge‑sheet witnesses examined – did not warrant bail and again denied the petition, ordering the trial court to complete the trial within four months, after which the petitioner may renew his bail plea.
Issues considered
- What is the appropriate basis for granting bail in a case involving serious offences under the Bharatiya Nyaya Sanhita?
- Whether the petitioner has raised any fresh ground that justifies revisiting the earlier bail denial?
- Whether the progress of the trial to date warrants the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 126(2), 303(2), 3(5)
Subjects
- bail
- criminal procedure
- judicial custody
- trial delay
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22892 of 2026
Arising Out of PS. Case No.-44 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Umesh Rajbanshi Son of Late Shivbalak Rajbanshi Resident of village-
Laxmi Bigha, P.S- Rajauli, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akhilesh Kumar, Advocate
For the Opposite Party/s : Mr.C. Jawahar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 15-05-2026 Heard learned counsel for the petitioner and Mr. Choubey
Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with Rajauli
P.S. Case No. 44 of 2025, instituted for the offences under
Sections 126(2), 115(2), 109, 303(2), 3(5) and 103 of the
Bharatiya Nyaya Sanhita, 2023.
3. Earlier, vide order dated 01.09.2025 passed in Cr.
Misc. No. 52345 of 2025, regular bail of the petitioner was
rejected by this Court considering the nature of accusation and
the gravity of the offence with direction to the learned trial court
to expedite the trial.
4. In compliance of the order dated 03.04.2026, a report
dated 10.04.2026 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
Patna High Court CR. MISC. No.22892 of 2026(3) dt.15-05-2026
2/2
that Charge has been framed against the petitioner on
02.12.2025 and summons were issued against the prosecution
witnesses. Out of seven Charge-sheet witnesses, two witnesses
have been examined.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 03.05.2025
without any rhymes or reason.
6. Learned APP for the State opposes the prayer for
grant of bail.
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
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.
(Rudra Prakash Mishra, J)
manish/-
U T
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