Patna High Court
Nand Kishore SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition was rejected as there were no new grounds and the trial was at an advanced stage.
Summary
Nand Kishore Singh was charged under Sections 307 and 120(B) of the Indian Penal Code and Sections 25(1‑B)(a), 26 and 27 of the Arms Act. He has been in judicial custody since 31 January 2023 and this was his third attempt to obtain regular bail. The petitioner argued that he had been detained without reason and had only one prior criminal antecedent. The State and the informant opposed bail, noting that all charge‑sheeted witnesses had been examined, the accused’s statement recorded, and the trial was at an advanced stage awaiting judgment. The Court found no new ground to revisit the earlier bail refusals and consequently rejected the bail petition, directing the trial court to dispose of the case at the earliest.
Issues considered
- Whether bail should be granted to an accused charged with attempt to murder, criminal conspiracy and offences under the Arms Act when the trial is at an advanced stage
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27
- Indian Penal Code — s. 120(B), 307
Subjects
- bail
- criminal procedure
- attempt to murder
- criminal conspiracy
- arms offences
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41424 of 2026
Arising Out of PS. Case No.-32 Year-2023 Thana- VAISHALI District- Vaishali
======================================================
Nand Kishore Singh S/o Mahendra Singh R/o Village - Husenaraghav, P.s. -
Vaishali, District - Vaishali at Hajipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niranjan Parihar, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
For the Informant : Mr. Sarvottam Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Vaishali P.S. Case No. 32 of 2023, instituted for the offences
under Sections 307, 120(B) of the Indian Penal Code, read with
Section 25(1-B)(a), 26 and 27 of the Arms Act.
3. This is the third attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by a co-ordinate Bench of this Court
vide order dated 08.02.2024 passed in Cr. Misc. No. 42578 of
2023 and was also rejected by this Court vide order dated
19.02.2025 passed in Cr. Misc. No. 82487 of 2024 taking into
consideration the direct allegation of firing against the
petitioner.
Patna High Court CR. MISC. No.41424 of 2026(2) dt.03-07-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 31.01.2023
without any rhymes or reason and has got one criminal
antecedent.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner. Learned counsel for the informant further
submits that all the charge-sheeted witnesses have been
examined in this case, statement of the accused has been
recorded and the case is fixed for judgment.
6. There is no new ground to consider the bail petition
of the petitioner. It appears that the trial is going on and is at an
advance stage.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the learned Trial
Court to dispose of the matter which is fixed for judgment at the
earliest.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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