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Patna High Court

Satyendra ChaudharyversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was not granted because the trial was at an advanced stage.

Summary

The petitioner, Satyendra Chaudhary, applied for renewal of bail after an earlier order allowed a fresh bail application if the trial was not concluded within five months. The court noted that the prosecution evidence had been closed and the case was at the stage of recording a statement under Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the advanced stage of the proceedings, the judge was not inclined to grant bail. The trial court was directed to expedite the trial and complete it within two months, avoiding unnecessary adjournments. Consequently, the bail application was denied.

Issues considered

  • Whether bail should be granted to the petitioner given the advanced stage of the trial and prior order permitting renewal of bail after five months.
  • Whether the recording of a statement under Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 351
  • trial delay
  • adjournments

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82612 of 2025
                    Arising Out of PS. Case No.-500 Year-2023 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
                 Satyendra Chaudhary Son of Vijay Chaudhary R/o village Baligawn, P.S.-
                 Rafiganj, District - Aurangabad

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Singh, Advocate
                 For the Opposite Party/s :       Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

5   10-04-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. By way of present application, the prayer for bail of

                   the petitioner has been renewed on the ground that vide the

                   earlier order dated 21.05.2025 passed in Cr. Misc. No.5417 of

                   2025, liberty had been granted to the petitioner to renew the

                   prayer for bail in case the trial is not concluded within a period

                   of another five months as two Investigating Officers and the

                   Doctor remained to be examined.

                                3. By order dated 06.02.2026, a report had been called

                   for from the learned Court concerned which reveals that the

                   prosecution evidence has already been closed and the case was

                   at the stage of recording of the statement under Section 351 of

                   the Bharatiya Nagarik Suraksha Sanhita, 2023.
            Patna High Court CR. MISC. No.82612 of 2025(5) dt.10-04-2026
                                                        2/2




                                   4. Taking into consideration the advanced stage of the

                      case, I am not inclined to grant the privilege of bail to the

                      petitioner. However, the learned Trial court is directed to

                      conclude the trial as expeditiously as possible, preferably within

                      a period of two months without giving any unnecessary

                      adjournments.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


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