Patna High Court
Arun Kumar Singh @ Amit Kumar @ Arun SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
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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