Patna High Court
Subodh Kumar @ Subodh PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that bail should be granted after the statutory six‑month period, subject to bond and surety conditions.
Summary
The petitioner, Subodh Kumar, was charged under Sections 126(2), 115(2), 109, 352, 351(2), 303(2), 74 and 3(5) of the Bihar Penal Code for allegedly inflicting a deadly axe blow that caused grievous injury. His earlier bail application was rejected, with the court directing that he could re‑apply after six months. After more than a year in custody, the petitioner filed a fresh bail petition, asserting a clean antecedent. The State opposed the bail, emphasizing the seriousness of the offences and the length of incarceration. The court, noting that the six‑month period prescribed had elapsed, granted regular bail on a bond of Rs 10,000 with two sureties, subject to the condition of cooperation with the trial.
Issues considered
- Whether the petitioner is entitled to regular bail after the lapse of the six‑month period despite the seriousness of the offences charged.
Subjects
- regular bail
- bail after six months
- serious offences
- custody
- surety bond
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3295 of 2026
Arising Out of PS. Case No.-596 Year-2024 Thana- RAJAOLI District- Nawada
======================================================
Subodh Kumar @ Subodh Prasad Son of Late Jagdish Mahto Resident of
village - Gariba, Police Station - Rajauli, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kunwar
For the State : Mr. Anil Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 16-02-2026 Heard the learned counsel for the petitioner as well as
the learned APP for the State.
2. The petitioner is seeking regular bail in connection
with S.T. No. 389 of 2025 arising out of Rajauli P.S. Case No. 596
of 2024, registered for the offences punishable under Sections
126(2), 115(2), 109, 352, 351(2), 303(2), 74, 3(5) of the BNS.
3. As per allegation, the petitioner inflicted deadly axe
blow on the head of the injured who suffered grievous injury.
4. Earlier, the bail petition of the petitioner was rejected
by this Court vide order dated 12.05.2025 in Cr. Misc. No. 16960
of 2025 and while rejecting his bail application, it was observed by
this Court that the petitioner may renew his prayer for bail after six
months.
5. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.3295 of 2026(2) dt.16-02-2026
2/2
the stipulated period of six months has been completed. The
petitioner is a person of clean antecedent and is in custody since
23.12.2024.
6. On the other hand, learned APP for the State opposed
the prayer for bail of the petitioner.
7. The stipulated period of six months has been
completed and the petitioner is in custody for more than a year.
8. Considering the above-mentioned facts and
circumstances especially the period of incarceration, let the
petitioner above-named be released on bail on furnishing bail
bonds of Rs.10,000/- with two sureties of the like amount each to
the satisfaction of learned Additional Sessions Judge-IX, Nawada
in connection with S.T. No. 389 of 2025 arising out of Rajauli P.S.
Case No. 596 of 2024, subject to the condition that the petitioner
shall cooperate in the disposal of trial and make himself available
as and when required by the court.
(Nawneet Kumar Pandey, J)
priyanka/-
U T
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