Patna High Court
Shiv Shankar Singh @ Shiv Shankar Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, holding that the extended custody and trial delay warranted his release on bail.
Summary
Shiv Shankar Singh, the petitioner, was arrested on 20 September 2021 in connection with a murder case (Sections 323, 341, 325, 307, 504, 34 and later 302 IPC) arising from a 2016 police report. He has been in custody for over four years while the trial remains incomplete, with only six of the twelve charge‑sheeted witnesses examined, the last on 4 September 2024. The petitioner’s counsel argued that the prolonged detention and trial delay violated his right to a speedy trial and justified the grant of regular bail. The court noted the extensive period of custody and the lack of progress in the trial as compelling reasons to consider bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Additional Sessions Judge. The bail order was made to ensure the petitioner’s liberty while the trial proceeds.
Issues considered
- Whether the petitioner is entitled to regular bail given the prolonged period of custody and delay in trial proceedings
- Whether the trial delay and incomplete examination of witnesses justify the grant of bail under the principles of speedy trial
Subjects
- regular bail
- trial delay
- custodial rights
- murder case
- Indian Penal Code
- speedy trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.845 of 2026
Arising Out of PS. Case No.-43 Year-2016 Thana- GURARU District- Gaya
======================================================
Shiv Shankar Singh @ Shiv Shankar Prasad Singh Son of Late Tanik Singh
R/o Vill. - Konchi, P.S. - Gurua, Dist. - Gayaji.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivendra Prasad
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the third attempt of the petitioner for
grant of regular bail in connection with Sessions Trial No. 253
of 2021 (S.J.) 13 of 2022 arising out of Guraru P.S. Case No. 43
of 2016 registered for the offence under Sections 323, 341, 325,
307, 504, 34 of the Indian Penal Code and later on Section 302
of the Indian Penal Code was also added.
3. As per the prosecution case, the petitioner is
accused of killing the deceased.
4. The petitioner is in custody since 20.09.2021.
5. Learned counsel for the petitioner submits that
out of 12 charge-sheeted witnesses, six witnesses have been
examined. He further submits that last witness was examined on
Patna High Court CR. MISC. No.845 of 2026(4) dt.24-03-2026
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4.9.2024 and the trial of the petitioner is being delayed.
6. Considering the period of custody of the
petitioner and the delay in the trial, this application is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Additional Sessions Judge, XVIII, Gaya/concerned
Court below in connection with S.Tr. No. 352 of 2021 / (S.J.) 13
of 2022 arising out of Guraru P.S. Case No. 43 of 2016.
(Sandeep Kumar, J)
Vikas/-
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