Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(SC) 37

SUPREME COURT OF INDIA
M.M. SUNDRESH, NONGMEIKAPAM KOTISWAR SINGH, JJ.
Bhashkar Singh @ Bikash Kumar – Appellant
Versus
The State of Bihar Patna & Anr. – Respondents
Criminal Appeal No. 152 of 2026 [@ SLP [Crl.] No. 16934 of 2025]
Decided On : 07-01-2026

Advocates appeared:
For the Petitioner(s): Mr. Tushar Giri, Adv. Mr. Sahil Bhalaik, AOR Mr. Siddharth Anil Khanna, Adv. Mr. Ritik Arora, Adv. Mr. Shivam Mishra, Adv. Ms. Gulshan Jahan, Adv.
For the Respondent(s): Mr. Azmat Hayat Amanullah, AOR Ms. Ekta Kundu, Adv. Mr. Chandan Kumar, Adv. Mr. Rajnish Kumar Jha, AOR Mr. Ravi Raj, Adv. Mr. Sakal Dev Sharma, Adv.

Bail granted based on prolonged incarceration and previous bail approvals in similar cases, establishing principles for granting bail in serious offenses.

Headnote:(A) Indian Penal Code, 1860 - Sections 419, 420, 379, 406, 467, 468, 471, 120B and 34 - Information Technology Act, 2000 - Section 66D - Bihar Protection of Interest of Depositors (in Financial Establishments) Act, 2002 - Bail application - The appellant sought bail after being incarcerated for over two years in connection with multiple offences, yet had been granted bail in similar cases - The court found sufficient grounds to favor the bail application. (Paras 2, 4, 5, 6)

Facts of the case:
The appellant was in custody for approximately two years and two months for FIR No.20/2023, involving serious charges, but had previously been granted bail in similar matters.

Findings of Court:
The court decided to grant bail to the appellant based on the duration of incarceration and his previous bail grants in related cases.

Issues: The key issue discussed was the justification for granting bail despite multiple serious charges against the appellant.

Ratio Decidendi: Considering the appellant's prolonged detention and prior bail permissions in similar cases, the court ruled that there were sufficient grounds to grant bail, setting aside the previous order.

Result: The appeal is allowed, and bail is granted to the appellant.

Judgement Key Points

Question 1?

Question 2?

Question 3?

Table of Content
1. facts of the case and prior bail grants. (Para 2 , 4)
2. court expresses inclination to grant bail. (Para 3 , 5)
3. bail granted and appeal allowed. (Para 6 , 7 , 8)

ORDER

Leave granted.

2. The appellant seeks bail in connection with FIR No.20/2023, dated 14.08.2023, registered at Police Station Khagaria (Cyber), for the offences punishable under Sections 419 , 420, 379, 406, 467, 468, 471, 120B and 34 of the INDIAN PENAL CODE , 1860, Section 66D of the Information Technology Act, 2000 and Section 3 of the Bihar Protection of Interest of Depositors (in Financial Establishments) Act, 2002.

3. We have heard the learned counsel appearing for the parties.

4. We have been informed that the appellant has been under incarceration for two years and two months approximately. Though similar offences have been registered against him, he has been granted bail in all those cases.

5. In view of the above facts and circumstances, we are inclined to grant bail to the appellant.

6. Accordingly, the impugned order is set aside and the appellant is granted bail on the terms and conditions to the satisfaction of the concerned Trial Court.

7. The appeal stands allowed, accordingly.

8. Pending application(s), if any, shall stand disposed of.

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