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Patna High Court

BIPIN KUMAR @ BIPIN SINGH @ GHOGHANversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted because the extended custody and scant progress of the trial infringe the right to a speedy trial.

Summary

Bipin Kumar was charged under Sections 115(2), 127(1), 109 and 352 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for allegedly firing and injuring a victim. He had been in custody since 26‑10‑2024 and only two of seven witnesses had been examined at the time of his second bail application. The petitioner argued that his right to a speedy trial was being violated and relied on the Supreme Court decision in Pradeep Kumar @ Banu v. State of Punjab (SLP (Crl.) No.18775/2025). The State opposed bail. The Patna High Court, noting the prolonged detention, limited trial progress and the Supreme Court precedent, allowed the regular bail application, directing a bail bond of Rs.10,000 with two sureties and imposing conditions of verification of the witness statement and regular appearance in court.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences charged.
  • Whether the prolonged pre‑trial detention and limited witness examination violate the petitioner’s right to a speedy trial.
  • Whether the court may impose conditions such as verification of trial progress and regular appearance as part of bail.

Legislation cited

Subjects

  • bail
  • speedy trial
  • pre‑trial detention
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • witness examination
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26157 of 2026
                        Arising Out of PS. Case No.-47 Year-2024 Thana- Chakia District- Begusarai
                 ======================================================
                 BIPIN KUMAR @ BIPIN SINGH @ GHOGHAN S/o Late Ramnandan
                 Singh R/o vill - Rupnagar, P.S.- Chakiya, Distt.- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rakesh Mohan Singh
                 For the Opposite Party/s :        Mr.Nitya Nand Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-04-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the second attempt by the petitioner for

                   regular bail in connection with Chakiya P.S. Case No. 47 of

                   2024, registered for offences under Sections 115(2), 127(1),

                   109, and 352 of the Bharatiya Nyaya Sanhita, 2023, and Section

                   27 of the Arms Act. Earlier the prayer for bail was rejected on

                   14.05.2025 in Cr. Misc. No. 11495 of 2025.

                                3. As per the prosecution case, the petitioner is said to

                   have fired and injured the victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence. The

                   petitioner is in custody since 26.10.2024. It is further submitted

                   that, although the petitioner has been in custody since
Patna High Court CR. MISC. No.26157 of 2026(2) dt.22-04-2026
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          26.10.2024, only two out of seven witnesses have been

          examined in the trial. He further submits that the petitioner has a

          right to a speedy trial and cannot be kept in custody for an

          indefinite period. He relies upon a judgment of the Hon’ble

          Supreme Court passed in the case of Pradeep Kumar @ Banu

          vs State of Punjab in SLP (Crl.) No. 18775/2025.

                       5. Learned A.P.P.           for the State has vehemently

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          the period of custody, the delay in trial and the judgment of the

          Hon’ble Supreme Court in the case of Pradeep Kumar @ Banu

          (supra), this application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand)with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Chakiya P.S. Case

          No. 47 of 2024 subject to condition that:-

                                            (i) At the time of accepting the bail
                                  bonds, the Court below shall verify the
                                  statement made on behalf of the petitioner,
                                  i.e., that only two witnesses have been
                                  examined so far in the trial. If the statement
                                  is found to be true, only then the bail bonds
                                  of the petitioner shall be accepted;
            Patna High Court CR. MISC. No.26157 of 2026(2) dt.22-04-2026
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                                              otherwise, appropriate orders shall be
                                              passed in accordance with law.
                                                         (ii) The petitioner shall appear in
                                              the trial regularly either personally or
                                              through his lawyer and shall cooperate in
                                              the trial and non-cooperation in the trial
                                              shall result in cancellation of the bail bond
                                              of the petitioner.
                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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