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2026 Supreme(Online)(SC) 224

SUPREME COURT OF INDIA
MR. VIKRAM NATH, MR. SANDEEP MEHTA, JJ
AJAY KUMAR RAI @ AJAY KUMAR – Appellant
Versus
STATE OF BIHAR – Respondent
Petition(s) for Special Leave to Appeal (Crl.) No(s). 17863/2025



Advocates:
For the Appellants/Petitioners: Mr. Rahul Kumar, Mr. Mantosh Kumar, Mr. Saurav Kumar, Mr. Krishna Kant Dubey, Mr. Raju Kumar, Mr. Gautam Kumar, Mr. N K Prince, Mr. Lokesh Kumar, Mr. Sanjeet Kumar
For the Respondents: Mr. Anshul Narayan, Mr. Prem Prakash

Bail granted due to prolonged incarceration without witness examination, emphasizing cooperation in ongoing trial.

Headnote:The Supreme Court considered the Petition for Special Leave to Appeal concerning bail for the petitioner who has been incarcerated since 08.04.2024 without witness examination. The Court granted bail based on the prolonged delay in the trial process. The issues focused on the appropriateness of granting bail in light of the facts presented. The Court emphasized the necessity for the petitioner to cooperate with the trial process. Consequently, the petitioner is directed to be released on bail under terms set by the Trial Court.

ORDER

1. Heard learned counsel for the parties and perused the material placed on record.

2. Considering the facts and circumstances of the case as well as the period of incarceration undergone by the petitioner i.e. since 08.04.2024 and the fact that despite submission of charge- sheet long back, no witness has been examined by the prosecution till date, we are inclined to grant bail to the petitioner.

3. Accordingly, in the facts and circumstances of the case, we direct that the petitioner be released on bail on such terms and conditions as may be imposed by the Trial Court in connection with FIR No. 98 of 2023 dated 09.12.2023, registered at Police Station Darbhanga, Cyber PS, District Darbhanga, Bihar.

4. It goes without saying that the petitioner will extend all co-operation during the investigation/trial.

5. In the event the Trial Court or the State finds that the petitioner is delaying the conclusion of trial, it will be open for them to approach this Court for recall of this order.

6. The Special Leave Petition and pending application(s) are disposed of accordingly.

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