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Patna High Court

Arun Kumar Singh @ Amit Kumar @ Arun SinghversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail application was dismissed as no new ground was shown and the trial was at an advanced stage.

Summary

Arun Kumar Singh applied for regular bail in a case registered under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act. This was his second bail application after the Patna High Court had earlier rejected his plea on 24.01.2025, citing his criminal antecedents and the gravity of the charges. The petitioner argued that he had been in judicial custody since 22.12.2023 without justification, while the State opposed bail, relying on a Supreme Court decision that cautions against granting bail in serious offences once trial is underway. The court observed that the trial was at an advanced stage and no new grounds were presented to merit a fresh consideration. Consequently, the bail petition was rejected and the lower court was directed to expedite the trial.

Issues considered

  • Whether bail can be granted to an accused of murder, criminal conspiracy and arms offences at an advanced stage of trial without any new ground.
  • Whether the precedent set by X vs. State of Rajasthan & Anr. (2024) precludes bail in such serious offences.

Legislation cited

Subjects

  • bail
  • murder
  • criminal conspiracy
  • arms act
  • trial stage
  • high court
  • precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86957 of 2025
                    Arising Out of PS. Case No.-329 Year-2023 Thana- MAJORGANJ District- Sitamarhi
                 ======================================================
                 Arun Kumar Singh @ Amit Kumar @ Arun Singh Son of Late Lalbabu Singh
                 @ Gali Singh Resident of Village- Dumrikala, P.S.- Majorganj, District-
                 Sitamarhi
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Subodh Kumar, Advocate
                 For the Opposite Party/s :       Mr.Mohammad Sufyan, A.P.P.
                                                  Mr. Md. Danish Quamar, Advocate
                                                  Ms.Madina Moneer, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   09-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Majorganj P.S. Case No. 329 of 2023, instituted for the offences

                   under Sections 302, 120(B) and 34 of the Indian Penal Code and

                   Section 27 of Arms Act.

                               3. This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected on merit by this Court vide order

                   dated 24.01.2025 passed in Criminal Miscellaneous No. 74578

                   of 2024, taking into account the criminal antecedent and nature

                   of accusation and the gravity of the offence.

                               4. Learned counsel for the petitioner submits that the

                   petitioner is languishing in judicial custody since 22.12.2023
           Patna High Court CR. MISC. No.86957 of 2025(2) dt.09-01-2026
                                                       2/2




                     without any rhymes or reason.

                                 5. Learned A.P.P. for the State opposes the prayer for

                     grant of bail. Learned A.P.P. has further relied upon a decision

                     of the Hon’ble Apex Court reported in 2024 SCC Online SC

                     3539 (X. vs. State of Rajasthan & Anr.), wherein in paragraph

                     No.14, Hon’ble Apex Court has observed as under:

                                               “14. Ordinarily in serious offences like
                                     rape, murder, dacoity etc., once the trial
                                     commences and the prosecution starts examining
                                     its witnesses, the Court be it the Trial Court or the
                                     High Court should be loath in entertaining the bail
                                     application of the accused.”


                                 6. There is no new ground to consider the bail petition

                     of the petitioner. From the aforesaid report, it appears that the

                     trial is going on and is at an advance stage.

                                  7. 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.


                                                    (Rudra Prakash Mishra, J)
manish/-

U      T


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