Patna High Court
Shambhu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that bail must be granted as the trial was unlikely to conclude soon and the petitioner’s right to a speedy trial was being infringed.
Summary
The petitioner, Shambhu Kumar, was arrested on 4 May 2024 in connection with offences under the Bihar Prohibition and Excise Act, 2016 and has been in custody for about one year and nine months. He filed a second bail application, arguing that the trial had progressed only to the appearance stage, violating his right to a speedy trial under Article 21, and that a co‑accused had been granted bail, indicating changed circumstances. The State opposed bail but did not dispute the factual background. Relying on the prolonged custody, the lack of imminent trial, and the precedent set in Hussainara Khatoon v. Home Secretary, the court found that continued detention was unwarranted. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. The bail order effectively disposed of the petition.
Issues considered
- Whether the petitioner is entitled to bail despite prolonged pre‑trial detention
- Whether the right to a speedy trial under Article 21 is violated in the present circumstances
- Whether the grant of bail to a co‑accused constitutes a material change in circumstances warranting bail for the petitioner
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 30(f), 32(1), 32(2), 32(3), 41(1), 41(2), 56(b)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- speedy trial
- Article 21
- pre‑trial detention
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71053 of 2025
Arising Out of PS. Case No.-2050 Year-2024 Thana- Excise P.S. District- Patna
======================================================
Shambhu Kumar S/O Late Sahdeo Paswan R/O Attarpura, P.S.- Dhanarua,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Krishna Jha
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 28-01-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Patna Excise P.S. Case No. 2050 of 2024 registered for the
offences under Sections 30(a), (f), 32(1)(2)(3), 41(1)(2) and
56(b) Bihar Prohibition and Excise Act, 2016.
3. The petitioner is named in the F.I.R. and is in
custody since 04.05.2024.
4. Present is the second successive prayer of bail
of petitioner after rejection of his first prayer of bail through
Cr. Misc. No. 1777 of 2025 dated 19.02.2025.
5. Learned counsel appearing on behalf of the
petitioner submitted that present petition preferred solely on
Patna High Court CR. MISC. No.71053 of 2025(5) dt.28-01-2026
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two grounds i.e., (1). custody period/slow progress of trial
and (2). changed circumstances as co-accused Dipak Kumar
was granted bail, subsequently by this Court through Cr. Misc.
No. 38228 of 2025 dated 17.10.2025. It is submitted that
despite custody of one year and nine months, still this matter
is at the stage of appearance suggesting, prima-facie that trial
of this case is not likely to conclude in the near future, which
also appears in violation of fundamental right of petitioner
qua speedy trial available under Article 21 of the Constitution
of India. In support of his submission learned counsel relied
upon the legal report of Hon’ble Supreme Court as available
through Hussainara Khatoon & Ors Vs. Home
Secretary, State of Bihar, [1980 (1) SCC 98] . While
concluding the argument it is submitted that, petitioner is a
man of clean antecedent and moreover, investigation of this
case has already completed, and as such, there is no chance
of tampering with the evidence.
6. Learned APP appearing on behalf of the State,
while opposing the prayer for bail could not disputed factual
submissions.
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7. In view of aforesaid factual submission and by
taking note of fact as petitioner remains in custody for about
one year and nine month, where still this case is at the stage
of appearance, prima-facie suggesting that trial is not likely to
conclude in the near future, accordingly above named
petitioner, is directed to be released on bail in connection with
Patna Excise P.S. Case No. 2050 of 2024 on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Judge-3, Patna/concerned court,
subject to the conditions as mentioned under Section 480(3)
of the B.N.S.S.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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