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Patna High Court

Binod SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as the trial delay exceeds nine months and the petitioner has no criminal antecedents.

Summary

The petitioner, Binod Singh, was arrested in September 2024 in connection with a case involving multiple offences under the Bhartiya Nyaya Sanhita, 2023. He had previously applied for regular bail twice, both of which were rejected on the ground of seriousness of the alleged offences. The petitioner then sought bail on the basis that the trial had not concluded even after nine months from the last rejection, with only three of nine prosecution witnesses examined. The court noted the prolonged trial, the petitioner’s lack of criminal antecedents, and his continued custody since September 2024. Accordingly, the court granted bail with a cash bond of Rs.10,000 and two sureties, imposing conditions to ensure his availability for investigation and trial and prohibiting any inducement of witnesses.

Issues considered

  • Whether regular bail should be granted when the trial has not concluded within nine months despite the seriousness of the offences charged
  • Whether the petitioner’s lack of criminal antecedents warrants bail

Legislation cited

Subjects

  • bail
  • trial delay
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • serious offences
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.31800 of 2026
                        Arising Out of PS. Case No.-282 Year-2024 Thana- NOKHA District- Rohtas
                 ======================================================
                 Binod Singh S/o Late Suchit Singh R/o Vill- Chanka, PS- Nokha, Dist-
                 Rohtas

                                                                                   ... ... Petitioner/s
                                                       Versus


                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhirendra Kumar Sinha, Advocate
                                                  Ms. Soni Kumari, Advocate
                                                  Mr. Amrit Lal, Advocate
                 For the State            :       Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                                       ORAL ORDER

2   08-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with Nokha

                   P.S. Case No. 282 of 2024 dated 28.07.2024, registered for the

                   offences punishable under Sections 191(2), 191(3), 190, 126(2),

                   115(2), 109, 103, 303(2), 118, 352, 351(2) and 351(3) of the

                   Bhartiya Nyaya Sanhita (BNS), 2023.

                                  3. It transpires that the petitioner had preferred regular

                   bail applications on earlier two occasions. However, vide order

                   dated 05.03.2025, this Court had rejected the regular bail

                   application of the petitioner in Cr. Misc. No. 319 of 2025 on the

                   basis of seriousness of the alleged offence. Subsequently, the
Patna High Court CR. MISC. No.31800 of 2026(2) dt.08-05-2026
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          petitioner had renewed his prayer for regular bail on new ground

          of period of custody. However, vide order dated 25.07.2025, this

          Court had again rejected the regular bail application but

          stipulating that in case trial is not concluded within next nine

          months from that day, the petitioner might renew his prayer for

          regular bail.

                       4. Learned counsel for the petitioner has filed one

          certified copy of the last date dated 16.04.2026, passed by

          learned Trial Court which shows that trial is still not concluded

          and only three prosecution witnesses have been examined and

          as per learned counsel for the petitioner, nine prosecution

          witnesses are yet to be examined by the prosecution. Hence, the

          trial may take long time.

                       5. He further submits that the petitioner has been

          languishing in jail since 18.09.2024.

                       6. It has also been stated in paragraph no. 3 of the bail

          petition that the petitioner has no criminal antecedent.

                       7. However, learned APP for the State vehemently

          opposes the prayer of the petitioner for bail.

                       8. Considering the non-conclusion of the trial despite

          passage of more than nine months since 25.07.2025, this

          application is allowed, directing the petitioner, above-named,
Patna High Court CR. MISC. No.31800 of 2026(2) dt.08-05-2026
                                            3/4




          to be enlarged on bail on his furnishing bail bonds in the sum of

          Rs. 10,000 /- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned concerned Court

          below in connection with Nokha P.S. Case No. 282 of 2024, on

          the following conditions:

                       (i) The petitioner will make himself available for

          interrogation by a police officer/court as and when required.

                       (ii)     The       petitioner       will   undertake   that

          investigation/trial will not get hampered on account of his

          absence or non-cooperation. He must be available to the police

          or the court whenever his presence is required.

                       (iii) The petitioner shall not, directly or indirectly

          make any inducement, threat or promise to any person

          acquainted with the facts of the case so as to dissuade him from

          disclosing such facts to the court or to any police officer.

                       (iv) In case, it is brought to the notice of the court

          below that the petitioner has any criminal antecedents, learned

          court below shall cancel the bail bonds of the petitioner after

          hearing him and getting satisfied that the petitioner has

          concealed his criminal antecedents despite his knowledge of the

          same.

                       (v) In case, it is brought to the notice of the court
               Patna High Court CR. MISC. No.31800 of 2026(2) dt.08-05-2026
                                                           4/4




                         below that statement regarding previous bail petition is wrong,

                         learned court below shall cancel the bail bonds of the petitioner.



                                                                     (Jitendra Kumar, J)
shoaib/-

U          T


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