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Patna High Court

Santu KumarversusThe State Of Bihar

Decided
Disposal
BAIL REJECTED

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

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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