Created by Fuzzy Cloud

Patna High Court

Bipin Kumar Sharma @ Bipin SharmaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail petition was denied as there were no new grounds and the trial is at an advanced stage.

Summary

The Patna High Court considered the second bail application of Bipin Kumar Sharma, who is in judicial custody for offences under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner argued that he has been detained since 24‑04‑2025 without sufficient cause and that only four of six charge‑sheet witnesses have been examined. The State opposed bail, relying on a 2024 Supreme Court decision that bail should be denied once trial of serious offences is underway. The Court found no new ground to revisit its earlier order and noted that the trial is at an advanced stage. Consequently, the bail petition was rejected, with a direction to the lower court to expedite the trial within three months, after which the petitioner may re‑apply for bail.

Issues considered

  • Whether bail should be granted to the accused given the seriousness of the offences and the advanced stage of trial
  • Whether the Supreme Court precedent in X vs. State of Rajasthan (2024) applies to deny bail in this case
  • Whether any new ground exists to merit a fresh consideration of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • serious offences
  • trial stage
  • judicial custody
  • Bharatiya Nyaya Sanhita
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.44865 of 2026
                      Arising Out of PS. Case No.-8 Year-2025 Thana- RATWARA District- Madhepura
                 ======================================================
                 Bipin Kumar Sharma @ Bipin Sharma Son of Late Nageshwar Sharma
                 Resident of Village- Muraut, P.S.- Tatwara, District- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amrendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-07-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                           2.      The petitioner seeks bail in connection with

                   Ratwara P.S. Case No. 08 of 2025, instituted for the offences

                   under Sections 103(1), 61(2) of the Bharatiya Nyaya Sanhita,

                   2023 and Section 27 of the Arms Act.

                           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 by this Court vide order dated

                   09.02.2026 passed in Cr. Misc. No. 80155 of 2025 taking into

                   consideration the facts and circumstances of the case, cogent

                   material against him in the case diary to show the active

                   involvement of the petitioner in the alleged occurrence.
Patna High Court CR. MISC. No.44865 of 2026(2) dt.03-07-2026
                                            2/3




                  4.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 24.04.2025

          without any rhymes or reason and has got two criminal

          antecedents. It is further submitted that charge has already been

          framed against the petitioner and out of six charge-sheeted

          witnesses, only four witnesses have been examined in this case.

                  5.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner. 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 as 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.”

                  6.      There is no new 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.
             Patna High Court CR. MISC. No.44865 of 2026(2) dt.03-07-2026
                                                         3/3




                                7.     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 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)
Rajorshi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.