Patna High Court

Bhushan Singh @ Shashi Bhushan Singh @ Shashi Bhushan Prasad SinghversusThe State of Bihar

Decided: 20 February 2026
Disposal: DISMISSED
Bench: NAWNEET KUMAR PANDEY

Holding

A bail application cannot be entertained once the trial has concluded and is therefore dismissed as withdrawn.

Summary

Bhushan Singh, the petitioner, filed a bail application in the High Court of Patna after being charged in a criminal case (PS. Case No.-128 Year-2004). The trial court had already concluded the trial, rendering the bail application moot. The petitioner’s counsel, Mr. Ashok Kumar Jha, argued for bail despite the trial’s completion. The court observed that once the trial is over, a bail application becomes infructuous because the purpose of bail—to secure liberty pending trial—no longer exists. Consequently, the court dismissed the bail application as withdrawn. The order was delivered by Hon’ble Mr. Justice Nawneet Kumar Pandey.

Issues considered

Can a bail application be entertained after the trial has been concluded?

Subjects

bail
criminal procedure
infructuous application
trial concluded
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84748 of 2025
                   Arising Out of PS. Case No.-128 Year-2004 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
                 Bhushan Singh @ Shashi Bhushan Singh @ Shashi Bhushan Prasad Singh
                 S/o Late Kirandeo Singh Resident of Village - Sharma, P.S.- Tetarhat, District
                 - Lakhisarai
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Jha
                 For the Opposite Party/s :       Mr.Dr.Mrityunjaya Kr.Gautam
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

4   20-02-2026                  The report of the learned trial court shows that the

                   trial has been concluded, as such, the bail application has

                   become infructuous.

                                2. Accordingly, the present bail application is

                   dismissed as withdrawn as having become infructuous.


                                        (Nawneet Kumar Pandey, J)

Nirmal/-
U      T

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