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Patna High Court

Shubham KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court held that bail could not be granted to the petitioner at the present stage of the proceedings.

Summary

The petitioner, Shubham Kumar, was charged under Section 364(A) of the Indian Penal Code for kidnapping the informant's son. He applied for bail after his earlier bail request was denied on 26-10-2024 and has been in custody since 17-12-2023. The prosecution and the informant opposed bail, noting that only six charge‑sheet witnesses remain and the informant promised to examine them within four months. The court found no sufficient reason to grant bail at this stage and rejected the petition. However, the court directed the trial court to complete the trial within six months, warning that if the trial is not concluded, the petitioner may renew his bail application.

Issues considered

  • Whether bail should be granted to an accused under Section 364(A) IPC at the stage where charges have been framed and only a few witnesses remain.
  • Whether the trial can be expedited within a six‑month period to justify a future bail consideration.

Legislation cited

Subjects

  • bail
  • kidnapping
  • Section 364A IPC
  • criminal procedure
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.62741 of 2025
                      Arising Out of PS. Case No.-1231 Year-2023 Thana- SHERGHATI District- Gaya
                 ======================================================
                 Shubham Kumar S/O Ramashankar Singh R/O Village- Paneri, P.S.- Bihta,
                 District- Patna
                                                                     ... ... Petitioner/s
                                             Versus
                 The State of Bihar                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dr. Anjani Pd. Singh
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh
                 For the Informant                Mr. Ram Kumar Mishra
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   20-02-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner has renew his prayer for bail in a

                   case registered for the offence punishable under Sections

                   364(A) of the Indian Penal Code.

                                3. The petitioner is said to have kidnapped the son of

                   the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has renewed his prayer for bail after rejection of the

                   same vide order dated 26.10.2024 passed in Cr. Misc. No. 5976

                   of 2024. The petitioner is now in custody since 17.12.2023 and

                   there has not been any substantial progress in the case but for

                   the fact that the charges were framed on 14.05.2025.

                                5. Learned APP for the State and informant have

                   opposed the application for bail. Learned counsel for the
             Patna High Court CR. MISC. No.62741 of 2025(4) dt.20-02-2026
                                                         2/2




                       informant submits that there are only six charge-sheet witnesses

                       in this case and he undertakes to get the witnesses examined

                       within a period of four months.

                                        6. Considering all these facts and circumstances,

                       this Court finds no reason to grant bail to the petitioner at this

                       stage. Accordingly, his prayer for bail is rejected in connection

                       Sherghati P.S. Case No. 1231 of 2023.

                                        7. However, learned court below is directed to

                       proceed with the trial expeditiously without giving unnecessary

                       adjournments and conclude the same preferably within a period

                       of six months as the informant also undertakes to bring all his

                       witnesses within a period of four months. It is made clear that if

                       the trial is not concluded within the stipulated period, the

                       petitioner is granted liberty to renew his prayer for bail.



                                                 (Soni Shrivastava, J)
devendra/-

U      T


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