Patna High Court
Sagir AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Sagir Alam, was arrested in January 2025 and charged under Sections 319(2), 318(4), 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(i) and 66(ii) of the Information Technology Act. He had been in custody for over a year without any witness examination and had no prior criminal record. The petitioner sought regular bail for the second time, arguing that continued pre‑trial detention violated his fundamental right to liberty under Article 21. The State opposed the bail application. The Court, noting the prolonged detention, lack of trial progress, and the punitive nature of further incarceration, granted bail subject to a cash bond and surety conditions, and required the petitioner’s appearance at every trial date.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita and the IT Act
- Whether continued pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 318(4), 319(2)
- Information Technology Act — s. 66(i), 66(ii)
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- Bharatiya Nyaya Sanhita
- Information Technology Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13286 of 2026
Arising Out of PS. Case No.-1 Year-2025 Thana- BARAULI District- Gopalganj
======================================================
Sagir Alam Son of Md. Amanu Ullah @ Amanullah Ansari @ Amnullah
Resident of Village Gulam Hussain Tola, P.S.- Manjhagarh, District -
Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, 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 Barauli
P.S. Case No. 01 of 2025 instituted for the offence under
Sections 319(2), 318(4) & 317(5) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 66(i)(ii) of the I.T. Act. Earlier vide
order dated 20-06-2025, passed in Cr. Misc. No. 35599 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, no witness has been examined. It has been
submitted on behalf of the petitioner that the petitioner is in
Patna High Court CR. MISC. No.13286 of 2026(2) dt.25-02-2026
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custody since 07.01.2025, 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. 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 Barauli P.S. Case
No. 01 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.13286 of 2026(2) dt.25-02-2026
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(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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