Patna High Court
Pankaj Kumar @ Pankaj SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail was granted to the petitioner upon fulfillment of the stipulated conditions.
Summary
The petitioner, Pankaj Kumar, was incarcerated for about two-and-a-half years in a criminal miscellaneous case arising from a rail police station matter. An earlier bail application was rejected on 04-04-2025, with the court directing that a fresh bail petition could be filed after one year or after the examination of at least ten witnesses, whichever occurred first. The petitioner’s counsel submitted that eleven witnesses had been examined, with five declared hostile, and the trial remained pending. Considering the fulfillment of the witness‑examination condition and the prolonged detention, the court ordered the petitioner’s release on bail. Bail was granted on the condition of a Rs.10,000 bond and two sureties of the same amount, subject to the satisfaction of the Additional Sessions Judge‑VII, Khagaria.
Issues considered
- Whether the petitioner is entitled to bail after the condition of examining at least ten witnesses has been satisfied.
- Whether the prolonged period of incarceration justifies the grant of bail.
Subjects
- bail
- criminal procedure
- prolonged incarceration
- hostile witnesses
- renewal of bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85035 of 2025
Arising Out of PS. Case No.-38 Year-2023 Thana- SAHARSA RAIL P.S District- Khagaria
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Pankaj Kumar @ Pankaj Sharma S/O Bindu Sharma R/O Village- Haldi Bari,
P.S.- Jankinagar, District- Purnea, Permanent Add. R/O vill.- Dhima Ward no.
14, P.S.- Banmankhi, Dist.- Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vivekanand Singh
For the State : Mr.Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 13-02-2026 Heard the learned counsel for the parties.
2. While rejecting the prayer for bail of the petitioner
vide order dated 04.04.2025 in Cr.Misc.No. 84512 of 2024, it
was observed that the petitioner may renew his prayer for bail
after one year or after examination of at least 10 witnesses,
whichever is earlier.
3. The learned counsel for the petitioner has submitted
that 11 witnesses have been examined and the trial is still
pending. He submitted further that P.Ws. 1 to 5 have been
declared hostile.
4. Considering the above facts and circumstances as
well as the prolonged incarceration of the petitioner which is
near about two-and-a-half years, let the petitioner be released on
Patna High Court CR. MISC. No.85035 of 2025(4) dt.13-02-2026
2/2
bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Sessions Judge-VII, Khagaria in Sessions
Trial No. 11/2024 arising out of Rail P.S. Saharsa (Banmankhi)
P.S.Case No. 38/2023.
(Nawneet Kumar Pandey, J)
HR/-
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