Chandan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10252 of 2026
                          Arising Out of PS. Case No.-971 Year-2024 Thana- BARH District- Patna
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                 Chandan Kumar S/o Vidyanand Matho R/o Village / Mohalla - Tira, P.S -
                 Chero (Harnaut), District - Nalanda

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Diksha Kumari, Advocate
                                                   Mr. Alok Abhinav, Advocate
                                                   Mr. Ritwik Sinha, Advocate
                 For the Opposite Party/s :        Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   03-04-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                            2.      The petitioner seeks bail in connection with Barh

                   P.S. Case No. 971 of 2024 instituted for the offence under

                   Sections 140(2) & 96 of the Bharatiya Nyaya Sanhita, 2023.

                   Earlier vide order dated 01.07.2025, passed in Cr. Misc. No.

                   19220 of 2025, regular bail of the petitioner was rejected by this

                   Court.

                            3.      Learned counsel for the petitioner submits that the

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

                   petitioner. It is mainly submitted that charge in this case is

                   framed and till date, only one witness has been examined. It has
Patna High Court CR. MISC. No.10252 of 2026(3) dt.03-04-2026
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          been submitted on behalf of the petitioner that the petitioner is

          in custody since 11.01.2025, having no criminal antecedent.

          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

          petitioner 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.

                  4.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  5.      A report was called from the Court below and it is

          reported that only one witness has been examined in this case.

                  6.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioner 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.

                  7.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
           Patna High Court CR. MISC. No.10252 of 2026(3) dt.03-04-2026
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                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Barh P.S. Case No.

                     971 of 2024, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner 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 petitioner.



                                                                 (Rudra Prakash Mishra, J)
Alok Verma/-

U      T