Mukesh KewatversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3143 of 2025
                         Arising Out of PS. Case No.-541 Year-2020 Thana- TEKARI District- Gaya
                 ======================================================
                 Mukesh Kewat S/O Tulsi Kewat R/o Vill.- Chakmath, P.S.- Tekari, District -
                 Gaya

                                                                                   ... ... Appellant/s
                                                        Versus
           1.    The State of Bihar
           2.    Ranjeet Choudhary S/O Baleshwar Choudhary R/O Vill.- Cinura, Batiyapur,
                 P.S.- Alipur, Dist.- Gaya.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Ashok Kumar, Advocate
                                                   Mr. Kanhaiya Kumar, Advocate
                                                   Mr. Ajeet Kumar, Advocate
                                                   Mr. Sri Ram, Advocate
                 For the State            :        Mr. Binay Krishna, SPP
                 For the Informant        :        NONE
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

6   08-05-2026             Heard learned counsel for the appellant and learned SPP

                   for the State. None appears for the informant, despite

                   information given by learned SPP for the State.

                           2.        The instant appeal has been filed by the appellant

                   against the order dated 20.01.2025, passed by learned Exclusive

                   Special Judge, SC/ST Act, Gaya whereby the prayer for bail of

                   the appellant in connection with Tekari PS Case No. 541 of

                   2020 under Sections 302 & 34 of the Indian Penal Code, Section

                   27 of the Arms Act and Sections 3(1)(r)(s) of SC/ST Act was

                   rejected.
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                  3.      Earlier      vide     orders      dated   26.04.2021   and

          17.05.2023, passed in Cr. Appeal (SJ) No. 1266 of 2021 and Cr.

          Appeal (SJ) No. 4612 of 2021, respectively, regular bail of the

          appellant was rejected by this Court.

                  4.      Learned counsel for the appellant submits that the

          present one is the third attempt for grant of regular bail to the

          petitioner. It has been mainly submitted on behalf of the

          appellant that the appellant is in custody since 13.11.2020,

          having one criminal antecedent. It is submitted that six (6) out

          of eight (8) prosecution witnesses have been examined in this

          case. Learned counsel further submits that there is no likelihood

          of the trial being concluded in the near future. Learned counsel

          goes on to submit 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 is reiterated by Hon’ble

          Apex Court in plethora of judgments.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the appellant.

                  6.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the appellant and taking into

          account the fact that continued detention of the appellant would
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          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 grant bail to the

          appellant.

                  7.      Let the appellant be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Tekari PS Case No.

          541 of 2020, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the appellant.

                  (II) The appellant shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the

          bail bonds of the appellant.

                  (III) If the appellant tampers with the evidence or the

          witnesses of the case by intimidating/pressurizing the witnesses,

          during the investigation or trial, in that case, prosecution will be

          at liberty to move for cancellation of bail of the appellant.

                  (IV) If the appellant is found indulged in any criminal

          activity or commission of any crime after being released on bail,

          the prosecution will be at liberty to file an appropriate
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                     application before the court below for cancellation of his bail.

                             (v)      The appellant shall not leave the territorial

                     jurisdiction of the Court below without its prior permission.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T