Nandan Kumar Singh @ Nandan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17191 of 2026 Arising Out of PS. Case No.-102 Year-2024 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Nandan Kumar Singh @ Nandan Singh S/O Late Rajendra Singh R/O Vill.- Rungta Gali, K.G Road Nawada Ward No 39, P.S- Ara Nawada, DistrictBhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Udwantnagar P.S. Case No. 102 of 2024 instituted for the offence under Sections 341, 323, 354, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier, vide order dated 11.12.2024 passed in Cr. Misc. No. 84452 of 2024 and again vide order dated 18.08.2025 passed in Cr. Misc. No. 39912 of 2025, regular bail of the petitioner was rejected twice by this Court considering the direct allegation of firing against the petitioner.

4. Learned counsel submits that this is the third attempt of the petitioner for grant of bail in the light of observation

Patna High Court CR. MISC. No.17191 of 2026(3) dt.01-05-2026 2/3 recorded by this Court vide order dated 18.08.2025 passed in Cr. Misc. No. 39912 of 2025, wherein the liberty was granted to the petitioner to renew his prayer for bail if the trial is not concluded within a period of six months. It is mainly submitted that in this case there are five charge-sheeted witnesses but none of them have been examined, which is evident from the report sent by learned court below. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.04.2024 . Learned counsel further submits that there is no likelihood of the trial being concluded in the near future. Learned counsel goes on to submit that the continued incarceration of the petitioner without conclusion of trial amounts to a gross violation of the fundamental right guaranteed under Article 21 of the Constitution of India, which is reiterated by Hon'ble Apex Court in plethora of judgments.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and taking into account the fact that continued detention of the petitioner would serve no purpose other than punitive pretrial incarceration, which is antithetical to the spirit of Article 21 of the

Patna High Court CR. MISC. No.17191 of 2026(3) dt.01-05-2026 3/3 Constitution of India, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Udwantnagar P.S. Case No. 102 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T