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Patna High Court

Pawan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                             2/3




          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
                                                        3/3




                     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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