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Patna High Court

Aman Gupta @ Aman Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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