Patna High Court
Pintu Pal @ Surya Prakash PalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court held that bail cannot be granted at this stage of the trial.
Summary
The petitioner, Pintu Pal, was arrested in connection with a case registered on 7 August 2024 under several offences of the Bharatiya Nyaya Sanhita, 2023, and has been in custody since 8 August 2024. He applied for regular bail, arguing that there is no direct material against him and that his continued detention is unnecessary. The State opposed the bail, noting that testimonies of two charge‑sheet witnesses have already been recorded and that the remaining important witnesses are yet to be examined, with the trial likely to conclude within two months. The High Court examined the stage of the trial and the necessity of the petitioner’s presence in custody. Concluding that the trial is still ongoing and the petitioner’s presence is required, the Court rejected the bail application.
Issues considered
- Whether regular bail can be granted to the petitioner at the current stage of the trial under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 340(2), 3(5)
Subjects
- regular bail
- bail denial
- trial stage
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84253 of 2025
Arising Out of PS. Case No.-616 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Pintu Pal @ Surya Prakash Pal Son of Kripashankar Pal @ Kripa Shankar Pal
@ Kripa Shankar R/o Village - Lalapur, P.S. - Kudra, Distt. - Kaimur
Bhabhua.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raghwendra Pratap Singh, Advocate
For the Opposite Party/s : Mr. Ajay Mishra, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Bhabhua P.S. Case No. 616 of 2024 lodged on 07.08.2024, for
the offence punishable under Sections 318(4), 319(2), 338,
336(3), 340(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023,
pending in the Court of Chief Judicial Magistrate, Kaimur at
Bhabhua.
3. Learned counsel for the petitioner submits that the
regular bail application of the petitioner was earlier rejected
vide order dated 19.03.2025 passed in Cr. Misc. No. 81944 of
2024. Counsel submits that there is no direct material against
the present petitioner and he has unnecessarily been kept into
Patna High Court CR. MISC. No.84253 of 2025(3) dt.25-02-2026
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custody. Counsel submits that the petitioner is in custody since
08.08.2024.
4. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that on earlier occasion, report
with regard to the present stage of the trial was called for and
from the said report, it transpires that the testimonies of the
charge-sheet witnesses, Sandeep Kumar and Deepak Kumar
Paswan, have already been recorded, and the testimonies of two
other important witnesses of the charge-sheet are yet to be
completed. It has also been stated in the report that, there is
every likelyhood for conclusion of the trial within two months.
5. In this view of the matter, this Court is not inclined
to grant bail to the petitioner at this stage. Accordingly, the
prayer for regular bail of the petitioner is hereby rejected at this
stage.
(Dr. Anshuman, J)
Divyansh/-
U T
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