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Patna High Court

Pintu Singh @ Pawan Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Both regular bail applications were dismissed because the trial had already examined all witnesses, leaving no basis for bail.

Summary

The petitioners, Shankar Singh and Pintu Singh, filed separate criminal miscellaneous applications seeking regular bail in connection with PS Belaganj Case No. 195 of 2024, which involved offences under IPC sections 147, 148, 149, 302, 386 and Arms Act sections 27, 25(1‑b), 26, 25. Counsel for the informant submitted that all witnesses in the trial had already been examined. The court held that, because the trial had progressed to the stage where all evidence had been recorded, there was no ground to grant bail and dismissed both applications. During arguments in the second application, it was disclosed that the petitioner was HIV positive, and the court directed that the petitioner should approach the trial judge for appropriate medical treatment as per law. No further relief was granted.

Issues considered

  • Whether regular bail can be granted when all witnesses in the trial have been examined.
  • Whether the petitioner’s HIV positive status warrants any special consideration in the bail application.

Legislation cited

Subjects

  • regular bail
  • trial stage
  • witness examination
  • HIV
  • medical treatment
  • IPC
  • Arms Act
  • bail dismissal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.28935 of 2025
                      Arising Out of PS. Case No.-195 Year-2024 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Shankar Singh @ Shankar Kumar Singh Son of Late Nageshwar Singh
                 Resident of Village - Nandu Righa, P.S.- Belaganj, District - Gaya

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 56868 of 2025
                      Arising Out of PS. Case No.-195 Year-2024 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Pintu Singh @ Pawan Kumar Singh S/O Rampukar Singh R/O Vill.- Nandu
                 Bigha, P.S.- Belaganj, Dist.- Gaya

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 28935 of 2025)
                 For the Petitioner/s     : Mr.Rajesh Ranjan
                 For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
                 For the Informant        : Mr. Pusp Raj.
                 (In CRIMINAL MISCELLANEOUS No. 56868 of 2025)
                 For the Petitioner/s     : Mr.Anuj Kumar
                 For the Opposite Party/s : Mr.Arun Kumar
                 For the Informant        : Mr. Pusp Raj.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   10-02-2026                  Heard the parties in both the aforesaid cases.

                                 2. This is the second attempt of the petitioners for

                   grant of regular bail in connection with Belaganj P.S. Case No.

                   195 of 2024 registered for the offence under Sections 147, 148,

                   149, 302, 386 of the Indian Penal Code and under Sections 27,

                   25(1-b), 26, 25 of the Arms Act.
          Patna High Court CR. MISC. No.28935 of 2025(5) dt.10-02-2026
                                                      2/2




                                 3. Learned counsel Mr. Vikram Kumar, on instruction

                    from the learned counsel for the informant has submitted that in

                    the trial, all the witnesses have been examined.

                                 4. In view of the fact that all the witnesses in the trial,

                    have been examined, both the aforesaid applications are

                    dismissed.

                                 5. During the Course of argument, learned counsel for

                    the petitioner in Cr. Misc. No. 56868 of 2025 has submitted that

                    the petitioner is HIV positive.

                                 6. In view of the aforesaid submissions, since the

                    petitioner of Cr. Misc. No. 56868 of 2025 is a HIV patient, it is

                    expected that the petitioner will file an application before the

                    trial Judge for proper treatment and the trial judge will pass an

                    order in accordance with law for proper treatment.



                                                                 (Sandeep Kumar, J)
Vikas/-

U


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