Patna High Court – Orders
Sarpanch Singh Singh @ Sarpanch Singh vs The State Of Bihar on 20 August, 2025
Author: Ashok Kumar Pandey
Bench: Ashok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40887 of 2025
Arising Out of PS. Case No.-42 Year-2008 Thana- RAJAOLI District- Nawada
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Sarpanch Singh Singh @ Sarpanch Singh Son of Kripali Singh Resident of
Village- Jamundaha, P.s.- Rajauli, Distt.- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Rajeev Nayan, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
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CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 20-08-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 147, 148,
149, 186, 353, 307, 379, 411 and 120(B) of the Indian Penal
Code, Sections 25(1-b)a, 26 and 35 of the Arms Act, Section 17
of the C.L.A. Act, Sections 20 and 22 of the N.D.P.S. Act and
Section 33 of the Forest Act.
3. The case of the prosecution is that from the
kacchha house of this petitioner, six sacks of doda and one
single barrel gun along with some cash were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. Learned counsel for the
Patna High Court CR. MISC. No.40887 of 2025(3) dt.20-08-2025
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petitioner has submitted that the first bail petition of the
petitioner was rejected by a learned co-ordinate Bench of this
Court vide order dated 17.12.2020 in Cr. Misc. No. 33144 of
2020 wherein he was given a liberty to move this Court after six
months, in the meanwhile, there is no progress in the trial.
Learned counsel for the petitioner has also submitted that
progress report from the trial court has called for and from
perusal of the progress report of the trial court, it is clear that till
today, no witness has been examined. A statement has been
made in para-3 of this petition that the petitioner has got no
criminal antecedent. Learned counsel for the petitioner has also
submitted that other co-accused persons have been granted bail
by the learned co-ordinate Bench of this Court. Moreover, the
petitioner is languishing in judicial custody since 21.05.2020.
5. Learned counsel for the petitioner has relied upon a
judgment of the Hon’ble Supreme Court in the case of Rabi
Prakash vs. the State of Odisha wherein Hon’ble Supreme
Court has held that the prolonged incarceration generally
militate against the most precious fundamental right guaranteed
under Article 21 of the constitution of India and in such
situation, the conditional liberty must override the statutory
embargo created under Section 37 sub-clause 1(b) of the NDPS
Patna High Court CR. MISC. No.40887 of 2025(3) dt.20-08-2025
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Act.
6. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Rajauli P.S. Case No. 42 of 2008 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge-I-
cum Special Judge, Nawada.
(Ashok Kumar Pandey, J)
Shubham/-
U T