Patna High Court
Bharat Prasad Singh @ Bharat Kumar Singh @ Bharat KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to bond and conditions.
Summary
Bharat Prasad Singh, charged under IPC sections 324, 302, 120B, 34 and Arms Act section 27, applied for bail after being in custody since 16‑11‑2024. An earlier bail application was rejected, but the petitioner argued that only charge‑framing has occurred, no witnesses have been examined, and the trial is unlikely to conclude soon, violating his Article 21 right to liberty. The State opposed the bail. The Patna High Court, noting the prolonged pre‑trial detention and lack of substantive progress, held that continued incarceration would be punitive and contrary to constitutional principles. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties and conditions regarding family surety and appearance in court.
Issues considered
- Whether bail should be granted despite the seriousness of the offences (IPC 324, 302, 120B, 34 and Arms Act 27).
- Whether prolonged pre‑trial detention infringes the petitioner’s right to liberty under Article 21 of the Constitution.
- Whether the conditions imposed are sufficient to ensure the petitioner’s attendance at trial.
Legislation cited
- Arms Act, 1959 — s. 27
- Indian Penal Code — s. 120B, 302, 324, 34
Subjects
- bail
- pre‑trial detention
- Article 21
- Indian Penal Code
- Arms Act
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10391 of 2026
Arising Out of PS. Case No.-1 Year-2024 Thana- DHARHARA District- Munger
======================================================
Bharat Prasad Singh @ Bharat Kumar Singh @ Bharat Kumar S/o Late
Raghvendra Narayan Singh R/o Vill- Bathaniyan, P.S.- Rajaun, Distt- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Prasad, Sr. Advocate
Mr. Pramod Kumar, Advocate
Mr. Ritesh Kumar, Advocate
Mr. Dhirendra Kumar, Advocate
Ms. Srishti, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, 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
Dharhara P.S. Case No. 1 of 2024 instituted for the offence
under Sections 324, 302, 120B, 34 of the Indian Penal Code and
Sections 27 of the Arms Act.
3. Earlier vide order dated 01.07.2025 passed in Cr.
Misc. No. 12366 of 2025,regular bail of the petitioner was
rejected by this Court considering the nature and gravity of
offence as also the material in the case diary against the
petitioner, with a liberty to renew the prayer after six months if
the trial is not concluded.
Patna High Court CR. MISC. No.10391 of 2026(3) dt.03-04-2026
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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 only charge has been
framed, and till date, none of the fourteen charge-sheeted
witnesses has not been examined, which is evident from the
report sent by the learned court below. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
16.11.2024. 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. 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
Patna High Court CR. MISC. No.10391 of 2026(3) dt.03-04-2026
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petitioner.
6. Let the petitioner 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 Dharhara P.S. Case
No. 1 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
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