Patna High Court

Garib Das @ Sonu Kumar SinghversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that continued pre‑trial detention serves no purpose and violates Article 21, therefore bail must be granted.

Summary

Garib Das, accused under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, sought regular bail after being in judicial custody since 12 November 2024. The petitioner argued that he has no prior criminal record, that charge‑sheeted witnesses have not been examined, and that continued detention violates his Article 21 right to liberty. The State opposed bail, emphasizing the seriousness of the offences. The Court noted that prolonged pre‑trial incarceration serves only a punitive purpose and contravenes the spirit of Article 21. Consequently, the Court granted bail on the condition of a Rs. 15,000 bond with two sureties of equal amount.

Issues considered

Whether the petitioner is entitled to bail despite the nature of the offences under the Bharatiya Nyaya Sanhita, 2023.
Whether continued pre‑trial detention infringes the petitioner’s fundamental right under Article 21 of the Constitution.
Whether the stage of the trial and the fact that no charge‑sheeted witness has been examined justify granting bail.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)

Subjects

bail
pre‑trial detention
Article 21
fundamental rights
Bharatiya Nyaya Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.11445 of 2026
                    Arising Out of PS. Case No.-137 Year-2024 Thana- HASANPUR District- Samastipur
                 ======================================================
                 Garib Das @ Sonu Kumar Singh Son of Chandrakant Singh Resident of
                 Village - Aatapur, P.S.- Hasanpur, District - Samastipur.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dr. Anjani Pd. Singh, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner seeks bail in connection with

                   Hasanpur P.S. Case No. 137 of 2024, instituted for the offences

                   under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                           3.      This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected by this Court vide order dated

                   10.10.2025 passed in Cr. Misc. No. 26482 of 2025 taking into

                   consideration the nature of accusation and the gravity of the

                   offence as also the stage of the case.
Patna High Court CR. MISC. No.11445 of 2026(2) dt.13-02-2026
                                            2/3




                  4.      Learned counsel for the petitioner submitted that

          the petitioner is languishing in judicial custody since 12.11.2024

          without any rhymes or reason and has got no criminal

          antecedent. It is also submitted that charge has already been

          framed against the petitioner on 03.09.2025 and out of seven

          charge-sheeted witnesses, no any witness has been examined in

          this case. 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.

                  5.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                  6.    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

          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/- (Rupees Fifteen Thousand) with two
             Patna High Court CR. MISC. No.11445 of 2026(2) dt.13-02-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Hasanpur P.S. Case

                       No. 137 of 2024.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…