Patna High Court
DIVESH KUMAR @ DIVESH KUMAR SINGH @ LAMPATversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The regular bail petitions were dismissed as the trial was at an advanced stage with only one prosecution witness remaining.
Summary
The petitioners filed regular bail applications in two criminal miscellaneous cases arising from a 2022 police report. The trial was at a late stage, with only one prosecution witness, Dr. Subodh Kumar, yet to be examined. The Patna High Court, after hearing the parties, held that the bail petitions could not be entertained at this juncture. Consequently, the court dismissed the regular bail petitions. The trial court was directed to complete the remaining proceedings within two months, subject to the parties' cooperation.
Issues considered
- Whether regular bail can be granted when the trial is pending only for the examination of a single prosecution witness.
Subjects
- regular bail
- bail petition
- criminal procedure
- trial stage
- high court
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49242 of 2025
Arising Out of PS. Case No.-52 Year-2022 Thana- PARWALPUR District- Nalanda
======================================================
DIVESH KUMAR @ DIVESH KUMAR SINGH @ LAMPAT S/o-
Kaushlendra Singh Village- Alawan Ps- Parwalpur Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 91999 of 2025
Arising Out of PS. Case No.-52 Year-2022 Thana- PARWALPUR District- Nalanda
======================================================
1. Saurabh Singh @ Saurav Singh S/o- Ramesh Singh @ Matan Singh R/v-
Alawan Ps- Perwalpur Dist- Nalanda
2. Bittu Kumar @ Ritesh Kumar @ Ritesh S/o- Vijay Singh R/v- Alawan Ps-
Perwalpur Dist- Nalanda
3. Guddan Pandey @ Mithilesh Kumar Pandey S/o- Shyamnandan Pandey @
Shyamnandan Pandey R/v- Alawan Ps- Perwalpur Dist- Nalanda
4. Kamlesh Kumar Pandey @ Kamlesh Pandey S/o- Shyamanandan Pandey @
Shyamanand Pandey R/v- Alawan Ps- Perwalpur Dist- Nalanda
5. Shyamnandan Pandey @ Shyamanand Pandey @ Shyamanand S/o- Late
Ramjee Pandey @ Raghunandan Pandey R/v- Alawan Ps- Perwalpur Dist-
Nalanda
6. Amit Kumar @ Amit Singh S/o- Ram Lakhan Singh @ Malkhan Singh R/v-
Alawan Ps- Perwalpur Dist- Nalanda
7. Nitish Kumar S/o- Nagendra Kumar @ Nagendra Sharma @ Gonu Singh
R/v- Alawan Ps- Perwalpur Dist- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 49242 of 2025)
For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Adv.
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, Adv.
(In CRIMINAL MISCELLANEOUS No. 91999 of 2025)
For the Petitioner/s : Mr. Lovekush Kumar, Adv.
Patna High Court CR. MISC. No.49242 of 2025(5) dt.05-02-2026
2/2
For the Opposite Party/s : Mr. Shyameshwar Dayal, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 05-02-2026 Heard the parties.
2. Considering the stage of trial as same is
pending only for the examination of one prosecution witness
i.e., Dr. Subodh Kumar, the present petition preferred by
petitioners for regular bail stand dismissed.
3. Learned trial court is directed to conclude the
case preferably within two months, subject to cooperation
of the parties.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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