Patna High Court
Binod SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
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
- Bhartiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 118, 126(2), 190, 191(2), 191(3), 303(2), 351(2), 351(3), 352
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
2/4
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.