Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
Bail was denied, and the trial was ordered to be concluded within eleven months.
Summary
The Patna High Court considered a bail petition filed by Ajay Kumar, who is accused under Sections 103(1) and 61(2) of the BNS Act, 2023 for a fatal assault. The petitioner had been in custody for over a year with the trial progressing slowly and no prosecution witnesses examined despite charge framing. He argued that he has no prior criminal record and that the delay violates his right to a speedy trial under Article 21. The State opposed bail, emphasizing the seriousness of the allegations. The Court rejected the bail application, finding the material against the petitioner sufficient to deny liberty. However, invoking Article 21, the Court directed the trial court to complete the trial within eleven months and ordered the police to ensure the appearance of prosecution witnesses.
Issues considered
- Whether bail should be granted to a person accused of offences under Sections 103(1) and 61(2) of the BNS Act, 2023 given the seriousness of the allegations.
- Whether the right to a speedy trial under Article 21 of the Constitution mandates expeditious disposal of the case.
Legislation cited
- BNS Act, 2023 — s. 103(1), 61(2)
Subjects
- bail
- speedy trial
- Article 21
- BNS Act, 2023
- criminal procedure
- trial delay
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81299 of 2025
Arising Out of PS. Case No.-560 Year-2024 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Ajay Kumar S/o Swaminath Prasad, Resident of Panchapakadiya, Padumpati,
Kala Dumra, P.S.- G.B. Nagar, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate
Mr. Mithilesh Kr. Upadhyay, Advocate
Ms. Tetara Kumari, Advocate
Mr. Raju Prasad, Advocate
For the State : Mr. Gulnar Begum, APP
For the Informant : Mr. Sandeep Kumar Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
5 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State as well as learned counsel for the informant.
2. The petitioner seeks bail in connection with
Gautam Budha Nagar P.S. Case No. 560 of 2024 dated
05.11.2024, registered for the offences punishable under
Sections 103(1) and 61(2) of BNS Act, 2023.
3. The petitioner has moved this Court previously also
for regular bail. However, the same was rejected by this Court
vide order dated 19.02.2025 passed in Cr. Misc. 9049 of 2025
in view of direct allegation of fatal assault by the petitioner to
the deceased.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.81299 of 2025(5) dt.25-02-2026
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petitioner has been in custody since 25.11.2024 i.e. for about
one year and three months and in this case, trial is proceeding at
snail pace. Despite framing of charge, no witnesses has been
examined.
5. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has no criminal antecedent.
6. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
7. In view of serious allegation and material on record
against the petitioner, I am not persuaded to enlarge the
petitioner on bail.
8. Accordingly, the prayer for bail of the petitioner
stands rejected.
9. However, Article 21 of the Constitution of India
demands that there should be expeditious trial. Hence, learned
Trial Court is directed to conclude the trial within next eleven
months, failing which the petitioner will be at liberty to renew
his prayer for bail.
10. The Superintendent of Police, Siwan, is also
directed to ensure that the prosecution witnesses in this case
appear before learned Trial Court for their examination as
prosecution witnesses.
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3/3
11. Let a copy of this order be sent to the
Superintendent of Police, Siwan as well as learned Trial Court.
(Jitendra Kumar, J.)
ravishankar/-
U T
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