Patna High Court
Prabhat Kumar Rai @ SonuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Prabhat Kumar Rai, was arrested on 29 July 2024 in connection with PS case No. 179 of 2021. He remained in custody without a trial-in‑process (TIP) and the charge was framed only on 19 June 2025. An earlier bail application was rejected on 2 May 2025. The petitioner argued that the prolonged detention, lack of TIP, and the fact that a similarly situated co‑accused had been granted bail warranted his release. The Court considered the delay, the progress of the trial, and the principle of speedy trial, and ordered his release on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Chief Judicial Magistrate. The bail order effectively disposed of the petition in the petitioner’s favour.
Issues considered
- What is the appropriate exercise of discretion by the court in granting bail given the prolonged pre‑trial detention and lack of trial‑in‑process?
- Does the delay in framing charges and conducting TIP justify the grant of bail?
Subjects
- bail
- pre‑trial detention
- right to speedy trial
- Criminal Procedure Code
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4797 of 2026
Arising Out of PS. Case No.-179 Year-2021 Thana- PATEPUR District- Vaishali
======================================================
Prabhat Kumar Rai @ Sonu Son of Maheshwar Rai R/o Village - Suapakar,
Rupauli Buzurg, P.S.- Musharigharari, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vivekanand Singh
For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the parties.
2. Lastly, prayer for bail of the petitioner was refused
by this Court vide order dated 2.5.2025.
3. Learned counsel for the petitioner submits that the
petitioner is in custody since 29.7.2024 and till date TIP has not
been conducted. Charge has already been framed on 19.6.2025.
Similarly situated co-accused has already been allowed bail by a
co-ordinate bench of this Court vide order passed in Cr.Mis.No.
4238/2022. There is no likelihood of conclusion of the trial in
near future.
4. Considering the period of custody of the petitioner
and the progress of the trial, let the petitioner as named above be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.4797 of 2026(2) dt.16-02-2026
2/2
satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur
in Patepur Police Station Case No. 179 of 2021.
(Prabhat Kumar Singh, J)
shashi/-
U T
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