Patna High Court
Aman Gupta @ Aman Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail, holding that the long custody and lack of further material prosecution evidence justified release on bail.
Summary
Aman Gupta was arrested in November 2020 and charged under several sections of the Indian Penal Code (341, 323, 448, 354, 307, 504, 506/34, later 302) and Section 27 of the Arms Act. After more than five years of incarceration, he applied for regular bail, arguing that the trial had been unduly delayed despite a court direction to conclude within three months. The prosecution had examined eight witnesses, with the last testimony recorded on 5 March 2025, and no further material witnesses had appeared. The High Court noted the prolonged custody, the lack of progress, and that material prosecution evidence was already recorded, concluding that bail would not prejudice the case. Consequently, the Court ordered the release of the petitioner on bail upon furnishing a bond of Rs.20,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the petitioner given the prolonged pre‑trial detention and the status of the trial.
- Whether the delay in concluding the trial prejudices the prosecution’s case.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 323, 341, 354, 448, 504, 506/34
Subjects
- regular bail
- pre‑trial detention
- trial delay
- Indian Penal Code
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78884 of 2025
Arising Out of PS. Case No.-845 Year-2020 Thana- SAHARSA SADAR District- Saharsa
======================================================
Aman Gupta @ Aman Kumar Gupta, S/o Shankar Prasad Gupta, Resident of
village- Chandani Chowk, Ward No 20/34, P.S.- Saharsa Sadar, Dist.-
Saharsa, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subesh Sharma, Adv.
For the State : Ms. Asha Kumari, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
6 25-02-2026 1. Heard Mr. Subesh Sharma, learned counsel for the
petitioner and Ms. Asha Kumari, learned APP for the State.
2. Petitioner seeks regular bail in connection with
Sessions Trial No. 167 of 2021 arising out of Saharsa Sadar P.S.
Case No. 845 of 2020 registered for the offence punishable
under Section(s) 341, 323, 448, 354, 307, 504 and 506/34 of the
Indian Penal Code and Section 27 of the Arms Act, later on,
Section 302 of I.P.C. was added.
3. The main submissions advanced by the petitioner's
counsel are that this is the third attempt of the petitioner to get
the relief of regular bail and the fresh ground for renewing the
prayer is the petitioner's long period of incarceration in jail and
no significant progress in the petitioner's trial despite this
Patna High Court CR. MISC. No.78884 of 2025(6) dt.25-02-2026
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Court's direction to complete the same within the stipulated
period. Learned counsel further submits that vide order dated
27.06.2025 passed in Cr. Misc. No. 24150 of 2025, the trial
court was directed to conclude the trial of the petitioner at the
earliest preferably within three months from the date of receipt
of the said order, however, about eight months have passed but
the trial of the petitioner is still running at the stage of
prosecution evidence. It is lastly submitted that the petitioner
has been languishing in jail since 26.11.2020 and all the material
prosecution witnesses have already been examined, so, release
of the petitioner on bail at this stage will not be affect the
prosecution in any manner.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner and submits that the petitioner's
trial is at an advanced stage and it will not be proper to release
the petitioner on bail, at this juncture.
5. Heard both the sides and perused the status report
of the trial sent by the trial court which shows that eight
prosecution witnesses have been examined and the last witness
was examined on 05.03.2025. It further appears that in the last
one year the remaining prosecution witnesses have not turned
up which shows the lingering attitude on the part of the
Patna High Court CR. MISC. No.78884 of 2025(6) dt.25-02-2026
3/3
prosecution in concluding the trial of the petitioner.
Considering this aspect, as well as petitioner's long custody
period and also the fact that the material prosecution witnesses
have already been examined, this court is now inclined to
release the petitioner on bail. Accordingly, let the petitioner
named-above be released on bail on furnishing bail bond of Rs.
20,000/-(Rupees Twenty Thousand) with two sureties of the like
amount each to the satisfaction of the concerned Court in
connection with Sessions Trial No. 167 of 2021 arising out of
Saharsa Sadar P.S. Case No. 845 of 2020 .
(Shailendra Singh, J)
Rajiv/-
U T
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