Created by Fuzzy Cloud

Patna High Court

Subodh RaiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail application was rejected as there were no fresh grounds to disturb the earlier denial, and the trial must be expedited within six months.

Summary

The petitioner, Subodh Rai, was charged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for offences alleged in Bijdhari Police Station Case No. 21 of 2024. He applied for bail for the second time after an earlier bail denial, contending that he had been in judicial custody since September 2024 and that only one of eight charge‑sheeted witnesses had been examined. The State opposed bail, relying on a Supreme Court decision (X v. State of Rajasthan, 2024 SCC OnLine SC 3539) that courts should be reluctant to grant bail once trial in serious offences has commenced. The Patna High Court held that there were no fresh grounds to revisit the earlier decision and rejected the bail application, directing the trial court to complete the trial within six months and permitting a fresh bail petition thereafter if the deadline is missed.

Issues considered

  • Whether bail can be granted to an accused of serious offences under the Bharatiya Nyaya Sanhita and Arms Act after the trial has commenced and no fresh ground is shown.

Legislation cited

Subjects

  • bail
  • serious offences
  • trial commencement
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • high court
  • expeditious trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25710 of 2026
                     Arising Out of PS. Case No.-21 Year-2024 Thana- Bijdhari District- East Champaran
                 ======================================================
                 Subodh Rai S/O Late Bhagirath Rai @ Bhagrith Ray Resident of Village-
                 Sundrapur, P.S- Bijdhari, Distt.- East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :         Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   15-05-2026                  Heard Mr. Abhishek Kumar, learned counsel for the

                   petitioner and Mrs. Renu Kumari, learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Bijdhari P.S. Case No. 21 of 2024, instituted for the offences

                   under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita,

                   2023 and 27 of the Arms Act.

                                3. Earlier, vide order dated 29.08.2025 passed in Cr.

                   Misc. No. 22067 of 2025 regular bail of the petitioner was

                   rejected by this Court considering the nature and gravity of

                   offence and the material available in the case diary. The present

                   one is the second attempt of the petitioner for grant of bail.

                                4. Learned counsel for the petitioner mainly submits

                   that the petitioner is languishing in judicial custody since
Patna High Court CR. MISC. No.25710 of 2026(3) dt.15-05-2026
                                            2/3




          23.09.2024 without any rhymes or reason. Learned counsel for

          the petitioner also submits that there are eight charge-sheeted

          witnesses and out of them, only one witness has been examined

          till date, which is evident from the report dated 22.04.2026 sent

          by the learned court below.

                       5. Learned APP for the State opposes the prayer for

          grant of bail stating that trial has commenced. 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.”

                       6. There is no fresh ground to consider the bail

          petition of the petitioner.

                       7. 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
           Patna High Court CR. MISC. No.25710 of 2026(3) dt.15-05-2026
                                                       3/3




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

                     is not concluded within the period of six 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.