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Patna High Court

Lalan Singh @ Lala @ Lalan Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail petition was dismissed as no new ground was raised, and the trial was directed to be expedited.

Summary

Lalan Singh was arrested in connection with a case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail for the second time, having been in judicial custody since 24 September 2024 after his earlier bail plea was rejected. The petitioner argued that the trial was unlikely to conclude soon, while the State and the informant contended that only two witnesses remained and the trial was near its end. The Court observed that no new material or ground was presented to revisit the earlier decision and therefore rejected the bail application. It directed the trial court to expedite the trial and complete it within three months, permitting a fresh bail application if the trial is not concluded within that period.

Issues considered

  • Whether the petitioner is entitled to bail on the ground that the trial is not likely to conclude soon.
  • Whether the presence of two remaining witnesses indicates that the trial is on the verge of conclusion, justifying denial of bail.
  • Whether a second bail application can be entertained when no new ground is raised.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • trial expeditious
  • repeat bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.4429 of 2026
                       Arising Out of PS. Case No.-83 Year-2024 Thana- KAJRA District- Lakhisarai
                 ======================================================
                 Lalan Singh @ Lala @ Lalan Kumar Singh S/o- Kapildev Singh @ Kapildeo
                 Prasad Singh R/v- Pokhrama, Pokhra Wan Ps- Kajra Dist- Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hansraj, Advocate
                 For the Opposite Party/s :        Mr. Umeshanand Pandit, APP
                 For the Informant        :        Mr. Shashi Saurabh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State as also learned counsel for the informant.

                           2.      The petitioner seeks bail in connection with Kajra

                   P.S. Case No. 83 of 2024 instituted for the offences under

                   Sections 103(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                           3.      This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected on merit by this Court vide order

                   dated 08.05.2025, passed in Cr. Misc. no. 7469 of 2025, taking

                   into account the ample material against the petitioner supported

                   by the medical evidence as also the nature and gravity of the

                   offence.

                           4.      Learned counsel for the petitioner submits that the
           Patna High Court CR. MISC. No.4429 of 2026(2) dt.28-01-2026
                                                       2/2




                     petitioner is languishing in judicial custody since 24.09.2024

                     without any rhymes or reason, having one criminal antecedent.

                     Learned counsel for the petitioner mainly submits that there is

                     no likelihood of the trial being concluded in the near future,

                     hence, petitioner may be enlarged on bail.

                              6.     Learned APP for the State and learned counsel for

                     the Informant opposes the prayer for grant of bail. Learned

                     counsel for the informant submits that only two witnesses are

                     yet to be examined and trial is on the verge of its conclusion,

                     hence, petitioner does not deserve the privilege of bail.

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

                     of the petitioner, which is already decided by this Court on

                     merit.

                              8.     In view of the above, the prayer for bail of the

                     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 three months from today. If the

                     trial is not concluded within the period of three months, as

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

                     before the court below.


                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T


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