Patna High Court
Md. JalaluddinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail, holding that continued pre‑trial detention would serve no purpose and would violate Article 21.
Summary
The petitioner, Md. Jalaluddin, was arrested on charges under Sections 109 and 309(6) of the Indian Penal Code and Section 27 of the Arms Act. He has been in custody since 4 August 2024 and has five prior criminal antecedents. The trial is ongoing with only two of five witnesses examined, and the petitioner argued that continued pre‑trial detention violates his Article 21 right to liberty. The State opposed bail, citing the seriousness of the offences. The High Court, noting that further detention would be punitive and contrary to the spirit of Article 21, granted regular bail on condition of a Rs.15,000 bond with two sureties and compliance with procedural conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges and prior criminal antecedents.
- Whether continued pre‑trial detention infringes the petitioner’s right to liberty under Article 21 of the Constitution.
- Whether the pending trial is likely to conclude in the near future, justifying bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 109, 309(6)
Subjects
- bail
- pre‑trial detention
- Article 21
- Indian Penal Code
- Arms Act
- criminal antecedents
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12841 of 2026
Arising Out of PS. Case No.-393 Year-2024 Thana- SHERGHATI District- Gaya
======================================================
Md. Jalaluddin Son of Lal Mohammad Resident of Village - Abgilla, P.S.-
Muffasil, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Anil Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Session Trial Case No. 889/2025/27/2025 arising out of
Sherghati P.S. Case No. 393 of 2024 instituted for the offence
under Sections 109 & 309(6) of the Indian Penal Code and
Section 27 of the Arms Act. Earlier vide order dated 16.04.2025,
passed in Cr. Misc. No. 8632 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 two (2) out of five (5) witnesses have
Patna High Court CR. MISC. No.12841 of 2026(2) dt.25-02-2026
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been examined. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 04.08.2024, having five (5)
criminal antecedents. 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
petitioner.
6. Let the petitioner 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 Session Trial Case
Patna High Court CR. MISC. No.12841 of 2026(2) dt.25-02-2026
3/3
No. 889/2025/27/2025 arising out of Sherghati P.S. Case No.
393 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)
Raj Kishore/-
U T
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