Subodh Rai Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

Subodh Rai Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Bail refused; petitioner given liberty to renew his bail prayer before the court below if the trial is not concluded within six months.

Issue for consideration

Whether regular bail should be granted to the petitioner in connection with Bijdhari P.S. Case No. 21 of 2024 (offences under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act), this being his second bail application after refusal on 29.08.2025. +1 more

Court's answer

The Court found no fresh ground to consider the petitioner's bail petition.

Ratio / Principle

The prayer for bail of the petitioner was again rejected, coupled with a direction to the court below to expedite the trial and conclude it expeditiously.

Key takeaways

The trial is to be concluded preferably within six months; if it is not concluded within that period, the petitioner will be at liberty to renew his bail prayer before the court below.ratio¶25

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No. 25710 of 2026, oral order dated 15-05-2026 (Rudra Prakash Mishra, J.). Second regular-bail application of Subodh Rai, accused in Bijdhari P.S. Case No. 21 of 2024 (District East Champaran) under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, again rejected. His earlier bail had been refused on 29.08.2025 in Criminal Miscellaneous No. 22067 of 2025 considering the nature and gravity of the offence and the case-diary material. Counsel urged that the petitioner had been in judicial custody since 23.09.2024 and produced the court-below report dated 22.04.2026 showing only one of eight charge-sheeted witnesses examined; the APP opposed, stating that trial had commenced, and relied on 2024 SCC OnLine SC 3539 (X. vs. State of Rajasthan & Anr.), whose paragraph 14 the Court reproduced. Finding no fresh ground, the Court again rejected bail and directed the court below to expedite and conclude the trial expeditiously, preferably within six months from that date, failing which the petitioner may renew his bail prayer before the court below.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25710 of 2026

Arising Out of PS. Case No.-21 Year-2024 Thana- Bijdhari District- East Champaran

======================================================

Subodh Rai S/O Late Bhagirath Rai @ Bhagrith Ray Resident of VillageSundrapur, P.S- Bijdhari, Distt.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mrs. Renu Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

3 15-05-2026

Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

The petitioner seeks bail in connection with Bijdhari P.S. Case No. 21 of 2024, instituted for the offences under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and 27 of the Arms Act.

Earlier, vide order dated 29.08.2025 passed in Cr. Misc. No. 22067 of 2025 regular bail of the petitioner was rejected by this Court considering the nature and gravity of offence and the material available in the case diary. The present one is the second attempt of the petitioner for grant of bail.

Learned counsel for the petitioner mainly submits that the petitioner is languishing in judicial custody since

Patna High Court CR. MISC. No.25710 of 2026(3) dt.15-05-2026 2/3

23.09.2024 without any rhymes or reason. Learned counsel for the petitioner also submits that there are eight charge-sheeted witnesses and out of them, only one witness has been examined till date, which is evident from the report dated 22.04.2026 sent by the learned court below.

Learned APP for the State opposes the prayer for grant of bail stating that trial has commenced. Learned APP for the State 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, the Hon’ble Apex Court has held has 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.”

There is no fresh ground to consider the bail petition of the petitioner.

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

Patna High Court CR. MISC. No.25710 of 2026(3) dt.15-05-2026 3/3

preferably within a period of six months from today. If the trial is not concluded within the period of six months, as stated above, the petitioner will be at liberty to renew his prayer before the court below.

(Rudra Prakash Mishra, J)

Alok Verma/-

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