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Patna High Court

Pintu Kumar @ BhullaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied as there was no fresh ground and the trial was at an advanced stage for serious offences.

Summary

Pintu Kumar, accused of multiple serious offences under the Bharatiya Nyaya Sanhita, 2023, applied for bail after being in judicial custody since January 2025. The trial is at an advanced stage with charges framed and two of six witnesses examined. The State opposed bail, citing a 2024 Supreme Court decision that courts should be reluctant to grant bail once trial for serious crimes has commenced. The High Court found no fresh ground for bail and noted the seriousness of the offences. Consequently, the bail petition was rejected, with an order to expedite the trial within four months and a provision to renew the bail application if the trial is not concluded.

Issues considered

  • Whether bail can be granted to the petitioner at the present advanced stage of trial for serious offences under the Bharatiya Nyaya Sanhita, 2023.
  • Whether any fresh ground exists to justify granting bail despite the seriousness of the charges.

Legislation cited

Subjects

  • bail
  • serious offences
  • trial stage
  • Bharatiya Nyaya Sanhita
  • high court
  • precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3786 of 2026
                         Arising Out of PS. Case No.-3 Year-2025 Thana- Lakho District- Begusarai
                 ======================================================
                 Pintu Kumar @ Bhulla Son of Mantun Singh Resident of Village- Lakho,
                 P.S.- Lakho, District- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prerna Anand, Advocate
                 For the Opposite Party/s :        Mr. Satyendra Prasad, APP
                 For the Informant        :        Mr. Braj Bhushan Poddar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-03-2026               Heard learned counsel for the petitioner, learned counsel

                   for the informant and learned APP for the State.

                             2. The petitioner seeks bail in connection with Sessions

                   Trial No. 121 of 2025 arising out of Lakho P.S. Case No. 3 of

                   2025 instituted for the offences under Sections 126(2), 115(2),

                   76, 64(1), 303(2), 109(1), 352, 351(3) of the Bharatiya Nyaya

                   Sanhita, 2023.

                             3. Earlier vide order dated 05.08.2025 passed in Cr.

                   Misc. No. 27793 of 2025 regular bail of the petitioner was

                   rejected by this Court considering the nature of accusation and

                   gravity of offence.

                             4. In compliance of the order dated 28.01.2026 a report

                   dated 07.02.2026 with regard to the present stage of trial has
Patna High Court CR. MISC. No.3786 of 2026(3) dt.11-03-2026
                                            2/3




          been received. From perusal of the aforesaid report, it appears

          that charges have been framed on 20.05.2025 and two witnesses

          out of total six witnesses have already been examined.

                   5. Learned counsel for the petitioner submitted that the

          petitioner is languishing in judicial custody since 04.01.2025

          without any rhymes or reason.

                   6. Learned APP for the State and learned counsel for the

          informant vehemently opposed the prayer for grant of bail.

          Learned APP for the State relied upon a decision of the Hon’ble

          Apex Court reported in 2024 SCC OnLine SC 3539 (X. vs.

          State of Rajasthan & Anr.), wherein in paragraph no. 14, the

          Hon’ble Apex Court has held has under:

                          “14. Ordinarily in serious offences like rape,

                          murder, dacoity, etc., once the trial commences and

                          the prosecution starts examining its witnesses, the

                          Court, be it the Trial Court or the High Court

                          should be loath in entertaining the bail application

                          of the accused.”

                   7. There is no fresh ground to consider the bail petition

          of the petitioner. From the aforesaid report, it appears that the

          trial is going on and is at an advance stage.

                   8. In view of the above, the prayer for bail of the
           Patna High Court CR. MISC. No.3786 of 2026(3) dt.11-03-2026
                                                       3/3




                     petitioner is again rejected with a direction to the court below to

                     expedite the trial and conclude the same expeditiously

                     preferably within a period of four months from today. If the trial

                     is not concluded within the period of four months, as stated

                     above, the petitioner will be at liberty to renew his prayer before

                     the court below.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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