Patna High Court
Raja Kumar @ Raja ChaudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed and the appellant is granted regular bail, with the order of the Special Judge set aside.
Summary
Raja Kumar was arrested in connection with a case under multiple provisions of the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST (Prevention of Atrocities) Act and has been in judicial custody since September 2024. He applied for regular bail for the second time after a prior denial by the High Court. The appellant argued that his prolonged pre‑trial detention violated his fundamental right to liberty under Article 21, especially since a co‑accused had already been granted bail. The State opposed the bail, citing the seriousness of the offences. The Court held that continued detention served no purpose other than punitive pre‑trial incarceration and was contrary to Article 21, and therefore allowed the appeal, set aside the Special Judge’s order, and granted bail with conditions.
Issues considered
- Whether the appellant is entitled to regular bail despite the gravity of the charges under the Bharatiya Nyaya Sanhita, Arms Act and SC/ST Act.
- Whether continued pre‑trial detention infringes the right to liberty guaranteed by Article 21 of the Constitution.
- Whether the earlier denial of bail was justified in view of the stage of trial and the bail granted to a co‑accused.
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(1)(w), 3(2)(v), 3(2)(va)
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- SC/ST Act
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4551 of 2025
Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Raja Kumar @ Raja Chaudhary S/O Deep Chaudhary @Pradeep Chaudhary
R/O Village - Niyamatpur, P.S- Harnaut, District - Nalanda
... ... Appellant/s
Versus
1. The State of Bihar
2. Vyas Muni S/O Sanjay Manjhi R/O Vill.- Dedaur, Tola Krishna Nagar Nadi
Par, P.S- Nawada Mufassil, Dist.- Nawada- 805123
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Kumar Sinha, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 05-02-2026 Heard learned counsel for the appellant and learned
SPP for the State.
2. The instant appeal has been filed by the appellant
against the order dated 07.10.2025 passed by learned Special
Judge, Exclusive Special Court, SC/ST (Prevention of
Atrocities) 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, read with Section 27 of the Arms Act,
Sections 3(1)(f)(g)(r)(s)(w), 3(2)(va) and 3(2)(v) of SC/ST Act
was rejected.
Patna High Court CR. APP (SJ) No.4551 of 2025(3) dt.05-02-2026
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3. This is the second attempt of the appellant for bail.
The appellant has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
29.07.2025 passed in Cr. Misc. No. 1834 of 2025 taking into
account the nature and gravity of the offence.
4. In compliance of the order dated 16.12.2025, a
report dated 19.12.2025 with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
appears that charge has been framed against the appellant on
28.07.2025 and out of sixteen charge-sheeted witnesses, only
ten witnesses have been examined in this case. It is further
reported that presently the case record is running for prosecution
evidence.
5. Learned counsel for the appellant submits that the
appellant is languishing in judicial custody since 26.09.2024
without any rhymes or reason and has got one criminal
antecedent in which he is on bail. Learned counsel for the
petitioner next submits that the continued incarceration of the
petitioner without conclusion of trial amounts to a gross
violation of the fundamental right guaranteed under Article 21
of the Constitution of India, which reiterated by Hon’ble Apex
Court in plethora of Judgments. Learned counsel for the
Patna High Court CR. APP (SJ) No.4551 of 2025(3) dt.05-02-2026
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appellant further submitted that other co-accused has been
granted regular bail by this Court vide order dated 16.09.2025
passed in Cr. Misc. No. 2773 of 2025.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case, the period of custody undergone by the petitioner,
charge has been framed against the appellant and taking into
account the fact that continued detention of the petitioner 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 grant bail to the
petitioner. Accordingly, the appeal is allowed and order dated
07.10.2025 passed by learned Special Judge, Exclusive Special
Court, SC/ST (Prevention of Atrocities) Act, Nawada is hereby
set aside.
8. Let the appellant 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, subject to the following conditions:
(I) One of the bailors shall be own/close member of
Patna High Court CR. APP (SJ) No.4551 of 2025(3) dt.05-02-2026
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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.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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