Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that regular bail must be granted due to the inordinate delay in trial and the petitioner’s prolonged custody.
Summary
The petitioner, Ashish Kumar, was arrested on 12 January 2023 in connection with PS Triveniganj Case No. 11 of 2022. He applied for regular bail, which was previously rejected on 7 February 2025, directing the trial court to expedite the trial. As of the trial court report dated 19 December 2025, the trial remained incomplete and the petitioner had been in custody for over three years. The High Court noted the undue delay in the trial, the prolonged pre‑trial detention, and the circumstances of the case. Considering these factors, the Court allowed the petition for regular bail, ordering release upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount. The bail order was directed to be complied with by the Sessions Judge, Supaul.
Issues considered
- Whether the petitioner is entitled to regular bail given the prolonged delay in trial and extended pre‑trial custody.
Subjects
- bail
- pre‑trial detention
- right to speedy trial
- criminal procedure
- delay in trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55113 of 2025
Arising Out of PS. Case No.-11 Year-2022 Thana- TRIVENIGANJ District- Supaul
======================================================
Ashish Kumar Son of Anant Yadav Resident of Village -Mayarwa PS-
Triveniganj, Dist- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyam Kishore, Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 12-02-2026 Heard learned counsel for the petitioner and the
State .
2. Lastly, the prayer for regular bail of the petitioner
was rejected by this Hon’ble Court vide order dated 07.02.2025
passed in Cr. Misc. No. 68545 of 2024 with a direction to
learned Trial Court to conclude the trial as soon as possible .
3 . Trial Court report dated 19.12.2025 reveals that till
date , trial has not been concluded. The present case is still
pending for evidence and petitioner is in custody since
12.01.2023 .
4. Considering the aforesaid facts, tardy progress of
trial and period of custody and other circumstances of the case ,
prayer for regular bail of petitioner is allowed. Let the above
named petitioner be released on bail on furnishing bail-bond of
Patna High Court CR. MISC. No.55113 of 2025(5) dt.12-02-2026
2/2
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned sessions Judge Supaul in
connection with Triveniganj P. S. Case No. 11 of 2022 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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