Patna High Court
Lalbabu Prasad @ Lalbabu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied as the offences are serious and no new ground was raised to merit a fresh consideration.
Summary
The petitioners, three accused persons, applied for regular bail in a case involving multiple serious offences under the Indian Penal Code, including murder, attempt to murder, and other violent crimes. Their earlier bail applications had been rejected by the Patna High Court on the grounds of the gravity of the offences and their criminal antecedents. The petitioners argued that they had been in custody for over two years and sought relief, while the State opposed bail, citing a Supreme Court precedent that courts should be reluctant to grant bail once trial proceedings have commenced in serious cases. The court found no new grounds to revisit its earlier decision and reiterated the principle that bail is disfavoured in serious offences after trial commencement. Consequently, the court dismissed the bail petition and directed the lower court to expedite the trial.
Issues considered
- Whether bail should be granted to accused persons charged with serious offences under Sections 147, 148, 149, 341, 323, 302, 307, 504 and 506 of the IPC after the trial has commenced
- Whether the petitioners have raised any new ground warranting a fresh consideration of bail
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 341, 504, 506
Subjects
- bail
- serious offences
- Indian Penal Code
- trial commencement
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88270 of 2025
Arising Out of PS. Case No.-69 Year-2023 Thana- BIBHUTIPUR District- Samastipur
======================================================
1. Lalbabu Prasad @ Lalbabu Singh son of Late Ramjeevan Singh Resident of
village- Shivnathpur, Panchayat- Singhia Bujurg, Ps- Bibhutipur, Dist-
Samastipur
2. Kailash Singh @ Kailash Prasad Singh Son of Late Jageshwar Singh
Resident of village- , Singhia Bujurg, West tola Shivnathpur, Ps- Bibhutipur,
Dist- Samastipur
3. Abhimanyu Singh @ Abhimannu Singh @ Abhimannu son of Shivshankar
Singh @ Shankar Singh Resident of village- , Singhia Bujurg, South tola
Shivnathpur, Ps- Bibhutipur, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sriram Krishna
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Bibhutipur P.S. Case No. 69 of 2023, instituted for the offences
under Sections 147, 148, 149, 341, 323, 302, 307, 504 and 506
of the Indian Penal Code.
3. This is the second attempt of the petitioners for
bail. The petitioners have renewed their prayer for grant of
regular bail which was earlier rejected on merit by this Court
vide order dated 11.03.2024 passed in Criminal Miscellaneous
No. 52579 of 2023, Criminal Miscellaneous No. 60658 of 2023
Patna High Court CR. MISC. No.88270 of 2025(2) dt.09-01-2026
2/2
and Criminal Miscellaneous No. 62115 of 2023, taking into
account the gravity and heinous nature of offence as also the
petitioners having criminal antecedent.
4. Learned counsel for the petitioners submits that the
petitioner Nos. 1 and 2 are in custody since 04.03.2023 and
petitioner no.3 is in custody since 13.03.2023.
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 petitioners.
7. In view of the above, the prayer for bail of the
petitioners 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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