Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted regular bail to the petitioner.
Summary
Manish Kumar was arrested on 6 May 2022 and charged under Sections 302 and 34 of the Indian Penal Code for murder. After two earlier bail applications were rejected, he filed a third regular bail petition, arguing that only five of fourteen witnesses had been examined and the trial was far from conclusion, resulting in a prolonged pre‑trial detention violating Article 21. The State opposed the bail, citing the seriousness of the offence. The High Court observed that continued detention served no purpose other than punitive pre‑trial incarceration and was contrary to the spirit of Article 21. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and imposed conditions of regular appearance in court.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder under Sections 302 and 34 IPC.
- Whether the prolonged pre‑trial detention violates the fundamental right to life and liberty under Article 21 of the Constitution.
- Whether the delay in trial proceedings justifies the grant of bail.
Legislation cited
- Constitution of India
- Indian Penal Code — s. 302, 34
Subjects
- bail
- pre‑trial detention
- Article 21
- murder
- IPC
- criminal procedure
- right to liberty
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13284 of 2026
Arising Out of PS. Case No.-70 Year-2022 Thana- VAISHALI District- Vaishali
======================================================
Manish Kumar S/o Harivansh Singh @ Harivansh Patel R/o Village -
Madarna, P.S - Vaishali, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashish Kumar Ranjan, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, 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. 747 of 2022 arising out of Vaishali P.S.
Case No. 70 of 2022 instituted for the offence under Sections
302/34 of the Indian Penal Code. Earlier vide orders dated
13.03.2024 & 04.04.2025, passed in Cr. Misc. No. 72153 of
2023 & Cr. Misc. No. 20912 of 2025, respectively, regular bail
of the petitioner was rejected by this Court with a liberty in the
last rejection order to renew the prayer after six months if the
trial is not concluded.
3. Learned counsel for the petitioner submits that the
present one is the third attempt for grant of regular bail to the
Patna High Court CR. MISC. No.13284 of 2026(2) dt.25-02-2026
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petitioner. It is mainly submitted that charge in this case is
framed and till date, only five (5) out of fourteen (14) witnesses
have been examined. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 06.05.2022,
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. 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
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of the like amount each to the satisfaction of Court
below/concerned Court in connection with Session Trial Case
No. 747 of 2022 arising out of Vaishali P.S. Case No. 70 of
2022, 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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