Dhananjay Singh @ Dhananjay Kumar Singh @ Dhananjai Singh @ Dhananjai Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3701 of 2025 Arising Out of PS. Case No.-93 Year-2023 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== Dhananjay Singh @ Dhananjay Kumar Singh @ Dhananjai Singh @ Dhananjai Kumar Singh S/o- Ramadhar Singh Village- Kinarchola PsBhagwanpur Dist- Kaimur at Bhabua ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Brijesh Ram S/o- Late Basgit Ram R/o- Kinarchola Ps- Bhagwanpur DistKaimur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Ms. Mukul Kumari, Advocate For the Respondent/s :

Mr. Binay Krishna, APP For the Informant :

Mr. Tribhuwan Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-01-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

2. Earlier, regular bail of the appellant was twice rejected vide orders dated 09.11.2023 & 24.04.2025 passed in Cr. Appeal (S.J.) No. 3181 of 2023 and Cr. Appeal (SJ) No. 3108 of 2024, respectively. Present is the third application by way of appeal for regular bail filed on behalf of the appellant.

3. The instant appeal has been filed by the appellant against the order dated 26.08.2025 passed by District and Additional Session Judge-I-cum-Special Judge, Kaimur at

2/4 Bhabua, whereby the prayer for bail of the appellant in connection with Bhagwanpur P.S. Case No. 93 of 2023 under Sections 302, 342, 504, 506, 34 of the Indian Penal Code read with Section 27 of the Arms Act and Sections 3(i)(r)(s) and 3(2) (v) of SC/ST Act was rejected.

4. Learned counsel for the appellant submits that appellant is in custody since 09.04.2023. It is fervently submitted that there is no likelihood of the trial being concluded in the near future, hence, appellant may be released on bail.

5. Per contra, learned SPP for the State and learned counsel for the informant submits that trial is on the verge of its conclusion, hence, appellant is not entitled for bail. Learned SPP 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

3/4 the bail application of the accused."

6. On perusal of the report called for from the court below, it transpires that out of total twelve (12) witnesses, ten

(10) witnesses have been examined.

7. After hearing learned counsel for the appellant, this Court does not find any fresh ground to revisit the matter which is already decided by this Court on merit. Accordingly, taking into account the aforesaid facts and circumstances of the case and specifically keeping in view the present stage of the case, this Court is not inclined to allow the appeal.

8. Accordingly, the appeal stands dismissed. The trial Court is directed to expedite the trial expeditiously. However, if the trial is not concluded within a period of one and half months from the date of receipt/production, the appellant will have liberty to renew his prayer for bail in the Court below.

9. The District Magistrate, Kaimur and the Superintendent of Police, Kaimur are also directed to take necessary steps to produce the witnesses on the date fixed in the Trial Court so that the trial could be concluded within the stipulated period. The Director-in-Chief, Health Department, Government of Bihar is further directed to take necessary steps to produce the Doctor (remaining witness) on the date fixed in

4/4 the Trial Court so that the trial could be concluded within the stipulated period.

10. Let this order be communicated to the District Magistrate, Kaimur and the Superintendent of Police, Kaimur as also the Director-in-Chief, Health Department, Government of Bihar.

(Rudra Prakash Mishra, J) Raj Kishore/- U T