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Patna High Court

Prabhat Kumar Rai @ SonuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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                         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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