Patna High Court
Shankar Singh @ Shankar Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Since all witnesses have been examined in the trial, the applications for regular bail are dismissed.
Summary
The petitioners Shankar Singh and Pintu Singh sought regular bail in two criminal miscellaneous applications arising from PS Belaganj Case No. 195 of 2024, which involved offences under Sections 147, 148, 149, 302, 386 of the Indian Penal Code and Sections 27, 25(1‑b), 26, 25 of the Arms Act. Both applications were the second attempt to obtain bail after the trial had progressed to the stage where all witnesses had been examined. Counsel for the informant confirmed that witness testimony was complete, and the court held that this fact precluded the grant of regular bail. Consequently, both bail applications were dismissed. During the hearing, the petitioner in the second case disclosed that he is HIV positive, and the court directed that he should approach the trial judge for appropriate medical treatment, but this health issue did not affect the bail decision.
Issues considered
- Whether regular bail can be granted when all witnesses in the trial have been examined
- Whether the petitioner's HIV positive status warrants special consideration in granting bail
Legislation cited
- Arms Act — s. 25, 25(1-b), 26, 27
- Indian Penal Code — s. 147, 148, 149, 302, 386
Subjects
- regular bail
- criminal procedure
- HIV
- health considerations
- Indian Penal Code
- Arms Act
- witness examination
- bail dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28935 of 2025
Arising Out of PS. Case No.-195 Year-2024 Thana- BELAGANJ District- Gaya
======================================================
Shankar Singh @ Shankar Kumar Singh Son of Late Nageshwar Singh
Resident of Village - Nandu Righa, P.S.- Belaganj, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 56868 of 2025
Arising Out of PS. Case No.-195 Year-2024 Thana- BELAGANJ District- Gaya
======================================================
Pintu Singh @ Pawan Kumar Singh S/O Rampukar Singh R/O Vill.- Nandu
Bigha, P.S.- Belaganj, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 28935 of 2025)
For the Petitioner/s : Mr.Rajesh Ranjan
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
For the Informant : Mr. Pusp Raj.
(In CRIMINAL MISCELLANEOUS No. 56868 of 2025)
For the Petitioner/s : Mr.Anuj Kumar
For the Opposite Party/s : Mr.Arun Kumar
For the Informant : Mr. Pusp Raj.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-02-2026 Heard the parties in both the aforesaid cases.
2. This is the second attempt of the petitioners for
grant of regular bail in connection with Belaganj P.S. Case No.
195 of 2024 registered for the offence under Sections 147, 148,
149, 302, 386 of the Indian Penal Code and under Sections 27,
25(1-b), 26, 25 of the Arms Act.
Patna High Court CR. MISC. No.28935 of 2025(5) dt.10-02-2026
2/2
3. Learned counsel Mr. Vikram Kumar, on instruction
from the learned counsel for the informant has submitted that in
the trial, all the witnesses have been examined.
4. In view of the fact that all the witnesses in the trial,
have been examined, both the aforesaid applications are
dismissed.
5. During the Course of argument, learned counsel for
the petitioner in Cr. Misc. No. 56868 of 2025 has submitted that
the petitioner is HIV positive.
6. In view of the aforesaid submissions, since the
petitioner of Cr. Misc. No. 56868 of 2025 is a HIV patient, it is
expected that the petitioner will file an application before the
trial Judge for proper treatment and the trial judge will pass an
order in accordance with law for proper treatment.
(Sandeep Kumar, J)
Vikas/-
U
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