RAMESH MISTRY @ RAMESH MISTRI @ RAMESH KUMAR SHARMAversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.789 of 2026
                         Arising Out of PS. Case No.-205 Year-2025 Thana- KONCH District- Gaya
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                 Ramesh Mistry @ Ramesh Mistri @ Ramesh Kumar Sharma S/O Kapil
                 Mistry @ Kapil Mistri Resident Of Village- Mithanpur, Ps- Konch, District-
                 Gaya

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Vivek Kumar S/o Judagir Paswan R/o vill - Mithapur, P.S.- Konch, Dist.-
                 Gaya

                                                           ... ... Respondent/s
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                 Appearance :
                 For the Appellant/s     :        Ms. Rashmi Jha, Advocate
                 For the State           :        Mr. Sadanand Paswan, SPP
                 For the Informant       :        NONE
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                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   08-05-2026             Heard learned counsel for the appellant and learned SPP

                   for the State. None appears for the informant, despite

                   information given by the learned SPP.

                           2.      The instant appeal has been filed by the appellant

                   against the order dated 02.02.2026, passed by learned Exclusive

                   Special Judge, SC/ST Act, Gaya Ji whereby the prayer for bail

                   of the appellant in connection with Konch PS Case No. 205 of

                   2025 under Sections 126(2), 115(2), 103(1), 352 & 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 and Sections 3(1)(r), 3(1)(s),

                   3(1)(t) & 3(2)(v) of SC/ST Act was rejected.

                           3.      Earlier vide order dated 02.02.2026, passed in Cr.
Patna High Court CR. APP (SJ) No.789 of 2026(4) dt.08-05-2026
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          Appeal (SJ) No. 2339 of 2025, regular bail of the appellant was

          rejected by this Court.

                  4.       Learned counsel for the appellant submits that the

          present one is the second attempt for grant of regular bail to the

          appellant. It has been mainly submitted on behalf of the

          appellant that the appellant is in custody since 23.03.2025,

          having no criminal antecedent. It is submitted that one (1) out of

          seven (7) prosecution witnesses have been examined in this

          case. 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 A.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, 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
           Patna High Court CR. APP (SJ) No.789 of 2026(4) dt.08-05-2026
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                     Constitution of India, this Court is inclined to grant bail to the

                     appellant. Accordingly, the appeal is allowed and order dated

                     02.02.2026, passed by learned Exclusive Special Judge, SC/ST

                     Act, Gaya Ji 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 Konch PS Case No.

                     205 of 2025, 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