Bail cannot be granted solely based on the duration of custody without substantive grounds.

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

3 06-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Sessions Trial No. 903 of 2024, arising out of Sohsarai P.S. Case No. 171 of 2024, registered for the alleged offences under Sections 103 , 3(5) of BNS and Section 27 of the Arms Act .

3. As per the prosecution case, the petitioner shot dead the wife of the informant.

this is the second attempt of the petitioner to seek bail from this vide order dated 03.09.2025 passed in Cr. Misc. No. 33791 of in custody since 20.07.2024, but the trial has not been concluded till date. The learned counsel further submits that there is altogether 12 prosecution witnesses, but only 7 witnesses have been examined till date. So, there is no likelihood of early conclusion of trial. The learned counsel further submits that there is no substantive material against the petitioner.

5. The learned APP vehemently opposes the submission made on behalf of the petitioner. The learned APP submits that no fresh ground has been brought on record for reconsideration of prayer of bail and the period of custody could not be a ground.

6. A report dated 27.01.2026 has been received from the learned trial court about the present stage of trial wherein the learned trial court has submitted that out of 12 charge sheet witnesses, 7 witnesses have been examined. Against the remaining witnesses, summons were issued. The learned trial court further submitted that if the witnesses are produced within time, the trial would be concluded within four months. 7. Having regard to the facts and circumstances and submission made on behalf of the parties, I do not find any new his prayer for grant of bail is rejected.

8. However, the learned trial court is directed to abide by its undertaking and dispose of the matter at the earliest.

9. At the same time, the Superintendent of Police, Nalanda at Biharsharif is directed to ensure the presence of remaining prosecution witnesses on the dates fixed before the learned trial court. In case, the Superintendent of Police fails to produce the witnesses on the dates fixed, he will be called before this Court to explain the circumstances.

(Arun Kumar Jha, J)