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Patna High Court

Nand Kishore SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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