Patna High Court
Santu KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is denied.
Summary
The petitioner, Santu Kumar, was arrested in connection with a rape case (PS Case No. 395 of 2024) under Section 64 of the Bharatiya Nyaya Sanhita, 2023, and has been in judicial custody since September 20, 2024. He filed a bail petition, arguing that he has been detained without justification. The High Court noted that the trial is still at the evidentiary stage, with only one of seven witnesses examined, but the trial is expected to conclude within six months. The court observed that there is no fresh ground to revisit the earlier bail denial and that the seriousness of the alleged offence warrants continued custody. Consequently, the court rejected the bail application, directing the trial court to expedite the trial and complete it within five months, allowing the petitioner to renew his bail plea if the deadline is missed.
Issues considered
- Whether bail should be granted to the accused in a rape case under Section 64 of the Bharatiya Nyaya Sanhita, 2023 given the current stage of trial and the seriousness of the offence.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 64
Subjects
- bail
- rape
- Section 64
- Bharatiya Nyaya Sanhita
- judicial custody
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8538 of 2026
Arising Out of PS. Case No.-395 Year-2024 Thana- KONCH District- Gaya
======================================================
Santu Kumar S/O Ram Krit yadav R/O Vill.- Mok, P.S.- Konch, Dist.- Gaya.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Thakur, Advocate
Mr.Purushottam Kumar, Advocate
Ms.Somali Acharya, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Konch
P.S. Case No. 395 of 2024, instituted for the offences under
Section 64 of the Bharatiya Nyaya Sanhita, 2023.
3. Earlier vide order dated 05.05.2025 passed in Cr.
Misc. No. 5711 of 2025, regular bail of the petitioner was
rejected by this Court considering the direct allegation of rape
against the petitioner with direction to the learned trial Court to
expedite the trial as expeditiously as possible without any undue
delay and unnecessary adjournments.
4. In compliance of the order dated 04.02.2026 a report
dated 07.03.2026 with regard to the present stage of trial has
Patna High Court CR. MISC. No.8538 of 2026(3) dt.03-04-2026
2/2
been received. From perusal of the aforesaid report, it appears
that the case is pending for evidence and out of seven witnesses
only one witness has been examined. It is further reported that
the trial of the case would be concluded within six months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 20.09.2024
without any rhymes or reason.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no fresh ground to consider the bail petition
of the petitioner.
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 and conclude the same expeditiously
preferably within a period of five months from today. If the trial
is not concluded within the period of five months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
manish/-
U T
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