Patna High Court
Rocky 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
Rocky Kumar was charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the SC/ST (Prevention of Atrocities) Act in a case registered as P.S. No. 372 of 2024. The Exclusive Special Judge denied his bail application, and the appellant filed a second regular bail appeal before the Patna High Court, contending that he had been in custody since 17 October 2024 and that only eleven of sixteen witnesses had been examined, making trial completion unlikely. The State opposed bail, citing the seriousness of the offences. The High Court observed that continued pre‑trial detention served no purpose other than punitive incarceration and violated Article 21 of the Constitution. Consequently, the court allowed the appeal, set aside the lower court’s order, and granted bail on a bond of Rs. 15,000 with two sureties.
Issues considered
- Whether the appellant's continued pre‑trial detention violates the right to life and liberty under Article 21 of the Constitution of India.
- Whether bail should be granted despite the gravity of the offences and the pending trial.
- Whether the lower court's denial of bail was justified in view of the progress of the trial.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 111(3), 190, 191(2), 193(3), 303(2), 326(g), 351(2), 351(3), 352, 61(2)(a)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(2)(v), 3(2)(va)
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- SC/ST Act
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4432 of 2025
Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Rocky Kumar S/O Ravindra Sharma Resident of Village- Chhoti Mudhari,
P.S.- Harnaut, District- Nalanda
... ... Appellant/s
Versus
1. The State of Bihar
2. Byas Muni D/O Sanjay Manjhi R/O Vill.- Dedaur Tola, Krishna Nagar, P.S.-
Muffasil, Dist.- Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Satya Prakash, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
For the Informant : None
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 18-03-2026 Heard learned counsel for the appellant and learned
SPP for the State. None appears on behalf of the informant
despite notice being validly served.
2. The instant appeal has been filed by the appellant
against the order dated 24.09.2025 passed by learned Exclusive
Special Judge, Special Court, SC & ST Act, Nawada whereby
the prayer for bail of the appellant in connection with 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, Sections 27 of the Arms Act
and sections 3(1)(f)(g)(r)(s), 3(2)(va), 3(2)(v) of SC/ST Act was
Patna High Court CR. APP (SJ) No.4432 of 2025(4) dt.18-03-2026
2/3
rejected.
3. Earlier vide order dated 30.01.2025 passed in Cr.
Appeal (SJ) No. 95 of 2025 regular bail of the appellant was
rejected by this Court considering the nature and gravity of
offence with a direction to the court below to expedite the trial.
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 charge in this case is
framed and till date and out of sixteen witnesses, only eleven
witnesses have been been examined which is evident from the
impugned order itself. It has been submitted on behalf of the
appellant that the appellant is in custody since 17.10.2024.
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 vehemently opposed the
prayer for grant of bail to the appellant.
6. Considering the aforesaid facts and circumstances of
Patna High Court CR. APP (SJ) No.4432 of 2025(4) dt.18-03-2026
3/3
the case, period of custody of the appellant and 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 24.09.2025
passed by learned Exclusive Special Judge, Special Court, SC &
ST Act, Nawada in connection with 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 Muffasil P.S.
Case No. 372 of 2024.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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