Patna High Court
Lalu @ Vikash Prasad @ LalluversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied as the petition lacked new grounds and the trial was at an advanced stage.
Summary
The petitioner, Lalu @ Vikash Prasad, was arrested in November 2024 and charged under several sections of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail for the second time after having withdrawn an earlier bail application in May 2025. The trial is underway, with only three of six witnesses examined and the court expecting completion within six months. The State and the informant opposed bail, arguing that the application was premature and no new grounds were raised. The High Court found that the trial was at an advanced stage and there were no fresh reasons to grant bail, and consequently rejected the bail petition, directing the lower court to expedite the trial.
Issues considered
- Whether bail should be granted to the petitioner at the present stage of the trial.
- Whether the petitioner has raised any new ground justifying a fresh bail order.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 15, 190, 191, 351, 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- judicial custody
- premature bail application
- witness examination
- trial expeditation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82622 of 2025
Arising Out of PS. Case No.-359 Year-2024 Thana- SAHPUR District- Bhojpur
======================================================
Lalu @ Vikash Prasad @ Lallu S/O Hira Choudhary R/O Village- Dewaich
Kundi, P.S- Shahpur, District- Bhojpur (Ara)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
For the Informant : Mr. Bhaskar Shankar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner, learned
APP for the State, learned counsel for the informant and perused
the case diary.
2. The petitioner seeks bail in connection with
Shahpur P.S. Case No. 359 of 2024, instituted for the offences
under Sections 191(3), 191(2), 190, 15(2), 109, 103(1), 352 and
351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier withdrawn by the petitioner seeking liberty to
revive the same after one year, if the trial will not be concluded,
vide order dated 15.05.2025 passed in Cr. Misc. No. 15026 of
2025 by a co-ordinate Bench of this Court.
Patna High Court CR. MISC. No.82622 of 2025(3) dt.09-02-2026
2/3
4. In compliance of the order dated 12.12.2025, a
report dated 18.12.2025 with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
appears that out of six witnesses, only three witnesses have been
examined in this case. It is further reported that the trial is likely
to be concluded within a period of six months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 13.11.2024
without any rhymes or reason and has got no criminal
antecedent.
6. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner. Learned counsel for the informant also
submitted that the trial is in progress and four witnesses have
already been examined in this case. It is further submitted that
earlier, vide order dated 15.05.2025 passed in Cr. Misc. No.
15026 of 2025, the petitioner had withdrawn the bail application
and sought for liberty to revive the same after one year, if the
trial will not be concluded. But, now the petitioner has filed
another bail application within a few months after withdrawing
the previous bail application and hence, the present bail
application stands premature and the petitioner does not deserve
Patna High Court CR. MISC. No.82622 of 2025(3) dt.09-02-2026
3/3
the privilege of bail.
7. There is no new ground to consider the bail petition
of the petitioner. From the aforesaid report, it appears that the
trial is going on and is at an advance stage.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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