Patna High Court
Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed; the lower court’s order denying bail is set aside and the appellant is released on bail.
Summary
Pawan Kumar was charged under multiple provisions of the Bharatiya Nyaya Sanhita, 2023, the Arms Act and the SC/ST (Prevention of Atrocities) Act in a case registered at Muffassil Police Station, Nawada. The Exclusive Special Judge denied his bail application, prompting an appeal to the Patna High Court. The appellant argued that he was falsely implicated, had been in custody since September 2024, and that continued pre‑trial detention violated his Article 21 right to liberty. The State opposed bail, emphasizing the seriousness of the offences. The High Court held that prolonged detention served no purpose other than punitive pre‑trial incarceration and was contrary to the spirit of Article 21, and therefore set aside the lower court’s order, granting bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether the appellant's continued pre‑trial detention violates the constitutional right to liberty under Article 21.
- Whether bail should be granted despite the gravity of offences under the Bharatiya Nyaya Sanhita, Arms Act and SC/ST Act.
- Whether the progress of trial (only ten of sixteen witnesses examined) warrants bail.
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(1)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v), 3(2)(va)
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- SC/ST Act
- Arms Act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4527 of 2025
Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Pawan Kumar Son of Ashok Pandit Resident of Village - Neyatpur Harnaut,
Police Station - Harnaut in the district of Nalanda. Permanent address Village
- Chhoti Murhari, Police Station - Harnaut in the district of Nalanda
... ... Appellant/s
Versus
1. The State of Bihar
2. Vyas Muni Son of Sanjay Manjhi Resident of village - Dedaur Tola Krishna
Nagar Nadipar, Police Station - Mufassil in the district of Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Sunil Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 05-02-2026 Heard learned counsel for the appellant, learned Special
Public Prosecutor for the State. None appears for the informant.
2. The instant appeal has been filed by the appellant
against the order dated 13.10.2025 passed by learned Exclusive
Special Judge, SC/ST (PoA) Act, Nawada whereby the prayer
for bail of the appellant in connection with Muffassil PS Case
No. 372 of 2024 instituted under Sections 191(2), 193(3), 190,
109(1), 352, 351(2), 351(3),326(g), 303(2), 111(3) & 61(1) of
the Bharatiya Nyaya Sanhita, 2023, Section 27 of the Arms Act
and Sections 3(1)(f)(g)(r)(s)(w), 3(2)(va), & 3(2)(v) of SC/ST
Act was rejected. Earlier vide order dated 08.07.2025, passed in
Cr. Appeal (SJ) No. 523 of 2025, regular bail of the petitioner
Patna High Court CR. APP (SJ) No.4527 of 2025(3) dt.05-02-2026
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was rejected by this Court, taking into account the nature and
gravity of offence.
3. Learned counsel for the appellant submits that the
appellant is innocent and has falsely been implicated in the
present case. The appellant is in custody since 24.09.2024 and
has one criminal antecedent. Learned counsel for the appellant
mainly submits that ten (10) out of sixteen (16) witnesses have
been examined hitherto and there is no likelihood of the trial
being concluded in the near future, hence, appellant may be
released on bail. 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 Special 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, 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 and the period of custody
undergone by the appellant, this Court is inclined to allow this
Patna High Court CR. APP (SJ) No.4527 of 2025(3) dt.05-02-2026
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appeal. Accordingly, the appeal is allowed and order dated
13.10.2025 passed by learned Exclusive Special Judge, SC/ST
(PoA) Act, Nawada is hereby set aside.
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 Muffassil PS Case
No. 372 of 2024.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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