Patna High Court

Makshudan KumarversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL REJECTED
Bench: ANSHUMAN

Holding

Bail was denied as the trial was still at the stage of production of the accused and charge framing.

Summary

The petitioner, Makshudan Kumar, was arrested on 24‑10‑2024 in connection with PS‑Bibhutipur Case No. 346 of 2024 for an offence under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, having been in custody for over a year, and pointed out that a co‑accused had been granted bail on the ground of no recovery. The State opposed bail, noting that the case was still at the stage of production of the accused from jail and framing of charge, and that the trial was likely to conclude within a year. The Court, after hearing counsel, held that bail could not be granted at this stage of the proceedings. Consequently, the bail application was rejected, with the Court directing the State to produce the accused and frame charges in accordance with Section 530 of the B.N.S.S.

Issues considered

Whether regular bail should be granted to the petitioner under Section 309(4) of the Bharatiya Nyaya Sanhita at the stage of production of the accused and framing of charge.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 530

Subjects

bail
criminal procedure
Section 309
Section 530
production of accused
charge framing
Bharatiya Nyaya Sanhita
Indian criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90112 of 2025
                   Arising Out of PS. Case No.-346 Year-2024 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Makshudan Kumar S/O Chinni Lal Yadav R/O Village- Gangauli, P.S-
                 Bibhutipur, Dist.- Samastipur, Bihar.
                                                                   ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhijeet Gautam, Advocate
                                                  Mr. Shashank Shekhar Kunwar, Advocate
                 For the Opposite Party/s :       Mr. Uma Shankar Prasad Singh, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   25-02-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in connection with

                   Bibhutipur P.S. Case No. 346 of 2024 lodged on 11.10.2024, for

                   the offence punishable under Section 309(4) of the Bharatiya

                   Nyaya Sanhita, 2023, pending in the Court of Additional

                   District & Sessions Judge 2nd, Rosera (Samastipur).

                                3. Learned counsel for the petitioner submits that the

                   regular bail application of the petitioner was earlier rejected

                   vide order dated 02.06.2025 passed in Cr. Misc. No. 34286 of

                   2025. Counsel submits that the petitioner is in custody since

                   24.10.2024 and there is only one criminal case pending against

                   him. Counsel submits that the co-accused person has been

                   granted bail on the ground that no recovery has been shown

                   against him. Counsel submits that on earlier occasion, report
             Patna High Court CR. MISC. No.90112 of 2025(3) dt.25-02-2026
                                                         2/2




                       with regard to the present stage of the trial was called for.

                                    4. Learned APP for the State opposes the prayer for

                       bail of the petitioner and submits that on earlier occasion, report

                       with regard to the present stage of the trial was called for and

                       from the said report, it transpires that the present case is still

                       pending for production of accused from jail and framing of

                       charge. It has also been stated in the report that there is every

                       likelyhood for conclusion of the trial within one year.

                                    5. Therefore, in this view of the matter, this Court is

                       not inclined to grant bail to the petitioner at this stage.

                       Accordingly, the prayer for regular bail of the petitioner is

                       hereby rejected at this stage. However, it is directed to the State

                       that the production of this accused and framing of charge is

                       directed to be made in light of the B.N.S.S. particularly when

                       section 530 of the B.N.S.S. is there for production and other

                       things in the online mode.



                                                                     (Dr. Anshuman, J)
Divyansh/-

U      T

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