Munna Chaudhary @ Munna ChaudhariversusThe State of Bihar

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.5215 of 2025
                      Arising Out of PS. Case No.-255 Year-2024 Thana- OBRA District- Aurangabad
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                 Munna Chaudhary @ Munna Chaudhari S/o- Late Lakshman Chaudhary
                 Village- Devi Mandir Obra PS- Obra Distt- Aurangabad

                                                                                  ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Raj Kumar Paswan S/o- Late Ram Swaroop Ram R/v- Obra Ps- Obra Dist-
                 Aurangabad

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Appellant/s     :        Mr. Jay Ram Prasad, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   01-05-2026             Heard learned counsel for the appellant, learned Special

                   Public Prosecutor for the State. Despite valid service of notice,

                   none appears for the informant.

                           2.     The instant appeal has been filed by the appellant

                   against the order dated 16.09.2025 passed by learned District &

                   Additional Sessions Judge-1st- cum- Special Judge, Aurangabad

                   whereby the prayer for bail of the appellant in connection with

                   Obra PS Case No. 255 of 2024 instituted under Sections 302 &

                   34 and Sections 3(1)(r)(s)/3(2)(va) of SC/ST Act was rejected.

                           3.     Earlier vide order dated 20.12.2024, passed in Cr.

                   Appeal (SJ) No. 3795 of 2024, regular bail of the appellant was

                   rejected by this Court. Again, vide order dated 30.08.2025,
Patna High Court CR. APP (SJ) No.5215 of 2025(3) dt.01-05-2026
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          passed in Cr. Appeal (SJ) No. 1484 of 2025, regular bail of the

          appellant was dismissed as withdrawn. The present one is the

          third attempt of the appellant for regular bail.

                  4.      Prosecution case, in short, is that appellant along

          with other co-accused persons committed the murder of the

          informant’s father.

                  5.      Learned counsel for the appellant submits that the

          appellant is innocent and has falsely been implicated in the

          present case. Learned counsel for the appellant mainly submits

          that appellant is in custody since 03.06.2024, having no criminal

          antecedent. Learned counsel for the appellant next submits that

          seven (7) out of fourteen (14), prosecution witnesses have been

          examined. Learned counsel for the appellant submits that there

          is no likelihood of the trial being concluded in the near future,

          hence, appellant may be enlarged 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.

                  6.      Learned Special P.P. for the State has vehemently

          opposed the prayer for grant of bail to the appellant.
           Patna High Court CR. APP (SJ) No.5215 of 2025(3) dt.01-05-2026
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                             7.      Considering the aforesaid facts and circumstances

                     of the case, the period of custody undergone by the petitioner

                     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

                     16.09.2025 passed by learned District & Additional Sessions

                     Judge-1st-cum-Special Judge, Aurangabad is hereby set aside.

                             8.      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 Obra PS Case No.

                     255 of 2024, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of 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)
Raj Kishore/-
U      T