Created by Fuzzy Cloud

Patna High Court

Vinay ChouhanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that continued pre‑trial detention serves no purpose and violates Article 21, and consequently granted bail to the appellant.

Summary

Vinay Chouhan was arrested in Nawada and charged under multiple provisions of the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the SC/ST (Prevention of Atrocities) Act. The Exclusive Special Judge denied his bail application, and a coordinate bench of the Patna High Court also rejected bail, citing the seriousness of the offences. The appellant filed a second bail appeal, arguing that he had been in custody since 8 October 2024, only three of seventeen witnesses had been examined, and the trial was unlikely to conclude soon, amounting to a violation of his Article 21 right to liberty. The State and the informant opposed bail. The High Court, considering the prolonged pre‑trial detention and its punitive character, held that continued incarceration served no purpose and contravened Article 21, and therefore allowed the appeal, setting aside the lower court’s order and granting bail on a bond of Rs.15,000 with two sureties.

Issues considered

  • Whether the appellant's continued pre‑trial detention violates the fundamental right to liberty under Article 21 of the Constitution of India.
  • Whether bail should be granted under the provisions of the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the SC/ST (Prevention of Atrocities) Act in view of the delay in trial.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • fundamental rights
  • SC/ST Act
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4200 of 2025
                 Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 Vinay Chouhan Son of Mithilesh Chouhan Resident of Village -
                 Raghunathpur, P.S.- Rahui, District - Nalanda

                                                                                ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Beyas Muni Son of Sanjay Manjhi Resident of village - Dedour Tola
                 Krishna Nagar at River, P.S.- Muffasil, Dist.- Nawada

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Ms. Rasika, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, SPP
                 For the Informant      :        Mr. Rajesh Kumar Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   29-01-2026                 Heard learned counsel for the appellant, learned

                   Special Public Prosecutor for the State and learned counsel for

                   the informant.

                              2. The instant appeal has been filed by the appellant

                   against the order dated 18.11.2024 passed by learned Exclusive

                   Special Judge, Special Court, SC/ST Act, Nawada whereby the

                   prayer for bail of the appellant in connection with Nawada

                   Muffasil P.S. Case No. 372 of 2024 under Sections 191(2),

                   193(3), 190, 109(1),          352, 351(2), 351(3), 326(g), 303(2),

                   111(3), 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023, Section

                   27 of the Arms Act, 3(1)(f)(g)(r) (s)(w), 3(2)(va), 3(2)(v) of the

                   SC/ST Act was rejected.
Patna High Court CR. APP (SJ) No.4200 of 2025(4) dt.29-01-2026
                                             2/3




                      3. Earlier vide order dated 30.01.2025 passed in Cr.

          Appeal (SJ) No. 5651 of 2024, bail of the appellant was rejected

          by a coordinate Bench of this Court considering the nature and

          gravity of offence.

                    4. Learned counsel for the appellant submits that the

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

          appellant. It is mainly submitted that till date, out of seventeen

          witnesses, only three witnesses have been examined. It has

          been submitted on behalf of the appellant that the appellant is in

          custody since 08.10.2024. 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 S.P.P. for the State and learned counsel for

          the informant 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
           Patna High Court CR. APP (SJ) No.4200 of 2025(4) dt.29-01-2026
                                                        3/3




                     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. Accordingly, the appeal is allowed and order dated

                     18.11.2024 passed by learned Exclusive Special Judge, Special

                     Court, SC/ST Act, Nawada in connection with Nawada Muffasil

                     P.S. Case No. 372 of 2024 is hereby set aside.

                                  7. Let the appellant, abovenamed, 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

                     Nawada Muffasil P.S. Case No. 372 of 2024.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.