Patna High Court
Pankaj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the order denying bail is set aside and the appellant is released on bail.
Summary
Pankaj Kumar was arrested in May 2024 and charged under several sections of the Indian Penal Code, including 302 (murder) and 120(B) (criminal conspiracy), as well as sections 3(1)(r) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act. The trial court had denied his bail application, and the High Court had also dismissed a prior bail plea, citing the gravity of the offences. The appellant argued that he had been in judicial custody for over a year without any trial progress, that no prosecution witness had been examined, and that continued detention violated his fundamental right to liberty under Article 21. The State opposed bail, emphasizing the seriousness of the charges. The Patna High Court, noting the lack of trial advancement and the punitive nature of the pre‑trial detention, set aside the lower court’s order and granted bail on condition of a cash bond and sureties.
Issues considered
- Whether the appellant is entitled to bail despite the seriousness of the offences under the IPC and the SC/ST Act.
- Whether continued pre‑trial detention without trial progress violates the right to liberty under Article 21 of the Constitution.
- Whether the procedural requirements for bail under the SC/ST (Prevention of Atrocities) Act have been satisfied.
Legislation cited
- Indian Penal Code — s. 120(B), 201, 302, 364, 379, 411
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(r), 3(2)(v)
Subjects
- bail
- pre‑trial detention
- Article 21
- SC/ST Act
- Indian Penal Code
- right to speedy trial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.307 of 2026
Arising Out of PS. Case No.-164 Year-2024 Thana- KHUSRUPUR District- Patna
======================================================
Pankaj Kumar S/O Bhagwan Rai R/O Ward No.- 7 Bhagwanpur, P.S-
Bachhawara, Distt.- Begusarai.
... ... Appellant/s
Versus
1. The State of Bihar
2. Pintu Singh S/O Kapil Singh R/O Village- Dudhani Tola Baikatpur, P.S-
Khusrupur, Distt.- Patna.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ganesh Prasad Singh, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
For the Respondent No.2: None
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 10-04-2026 Heard learned senior counsel for the appellant and
learned SPP for the State. Despite valid service of notice, none
appears on behalf of the Respondent No. 2.
2. The instant appeal has been filed by the appellant
against the order dated 09.01.2026 passed by learned Exclusive
Special Judge (SC/ST) Act, Patna whereby the prayer for bail of
the appellant in connection with Khusrupur P.S. Case No. 164 of
2024 under Section 379 of the Indian Penal Code and later on
Charge-sheet submitted under Sections 364, 302, 201, 411, 379,
120(B) of the Indian Penal Code, read with Sections 3(1)(r) and
3(2)(v) of SC/ST Act was rejected.
3. This is the second attempt of the appellant for bail.
Patna High Court CR. APP (SJ) No.307 of 2026(3) dt.10-04-2026
2/3
The appellant has renewed his prayer for grant of regular bail
which was earlier dismissed by this Court vide order dated
09.07.2025 passed in Cr. Appeal (SJ) No. 4945 of 2024 taking
into consideration the nature and gravity of offence.
4. In compliance of the order dated 05.02.2026, a
report dated 24.02.2026 with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
appears that there are five prosecution witnesses in this case and
no any witness has been examined. It is further reported that the
trial is likely to be concluded within a period of six months.
5. Learned counsel for the appellant submits that the
appellant is languishing in judicial custody since 07.05.2024
without any rhymes or reason and has got no criminal
antecedent. Learned counsel for the appellant next submits that
the continued incarceration of the appellant without conclusion
of trial amounts to a gross violation of the fundamental right
guaranteed under Article 21 of the Constitution of India, which
reiterated by Hon’ble Apex Court in plethora of Judgments.
6. Learned SPP for the State has vehemently opposed
the prayer for grant of bail to the appellant.
7. Considering the aforesaid facts and circumstances of
the case, the period of custody undergone by the appellant and
Patna High Court CR. APP (SJ) No.307 of 2026(3) dt.10-04-2026
3/3
taking into account the fact that continued detention of the
appellant would serve no purpose other than punitive pretrial
incarceration, which is antithetical to the spirit of Article 21 of
the Constitution of India, this Court is inclined to allow this
appeal. Accordingly, the appeal is allowed and order dated
09.01.2026 passed by learned Exclusive Special Judge (SC/ST)
Act, Patna is hereby set aside.
8. Let the appellant be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Khusrupur P.S. Case
No. 164 of 2024.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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