Patna High Court
Gorakh NatversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted and the petitioner's application was dismissed.
Summary
The petitioner, Gorakh Nat, applied for bail in a Sessions trial (No. 991 of 2025) for alleged offences under Sections 311 and 74 of the Bihar Negotiable Instruments Act. His earlier bail application had been rejected by the Patna High Court on 23 April 2025. The trial judge’s report indicated that all five witnesses, including the investigating officer, had already been examined. The court considered the seriousness of the offences and the fact that the prosecution evidence was complete, and it relied on the Supreme Court’s decision in X v. State of Rajasthan (2024 SCC Online SC 3539). Applying that precedent, the court was not inclined to grant bail and dismissed the petitioner's second bail application.
Issues considered
- Whether bail should be granted to the petitioner given the gravity of the offences under Sections 311 and 74 of the Bihar Negotiable Instruments Act
- Whether the completion of witness testimony and the Supreme Court precedent in X v. State of Rajasthan preclude the grant of bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 311, 74
Subjects
- bail
- criminal procedure
- Sections 311
- Section 74
- Bihar Negotiable Instruments Act
- Supreme Court precedent
- witness testimony
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48322 of 2025
Arising Out of PS. Case No.-264 Year-2024 Thana- GOPALPUR District- Patna
======================================================
Gorakh Nat S/O Maina Nat Mohalla- Bari Badalpura, Near Jora Talab, P.S.-
Khagaul, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pathak
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Sessions Trial No.
991 of 2025 arising out of Gopalpur P.S. Case No. 264 of 2024
registered for the offence under Sections 311 and 74 of the BNS.
3. Earlier, the bail application of the petitioner has
been rejected by this Court vide order dated 23.04.2025 passed
in Cr. Misc. No. 21125 of 2025.
4. From the report of the learned trial Judge, it appears
that all the five witnesses including the I.O., have been
examined.
5. Considering the gravity of the offence and the fact
that all the witnesses have been examined and also the law laid
Patna High Court CR. MISC. No.48322 of 2025(4) dt.10-02-2026
2/2
down by the Hon’ble Supreme Court in the case of X Vs.
State of Rajasthan and Anr. reported in 2024 SCC Online
SC 3539, I am not inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed
(Sandeep Kumar, J)
priyanka/-
U T
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