Patna High Court
Ravi Kishan Kumar @ Ravi Kishan Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to the stipulated conditions.
Summary
Ravi Kishan Kumar was arrested on 20‑04‑2025 in connection with S.T. No. 1027 of 2025, facing charges under Sections 126(2), 115(2), 118(1), 109(1), 308(4), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. An earlier application for regular bail was rejected, and the petitioner remained in custody for over ten months without any witness examination. He contended that such prolonged pre‑trial detention violated his right to liberty under Article 21 of the Constitution. The State opposed the bail application. The Court examined the lack of progress in the trial, the punitive effect of continued detention, and the constitutional guarantee of personal liberty, and concluded that detention served no purpose other than punishment before trial. Accordingly, the Court granted bail subject to a cash bond of Rs 15,000, two sureties, and conditions regarding personal appearance, non‑tampering with evidence and the identity of a surety. The order directs the trial court to cancel bail if any condition is breached.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether continued pre‑trial detention for an extended period violates the petitioner’s right to liberty under Article 21 of the Constitution of India.
- What conditions may be imposed on bail in the present circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 308(4), 351(2), 352
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- Bharatiya Nyaya Sanhita
- criminal procedure
- surety
- conditions of bail
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14105 of 2026
Arising Out of PS. Case No.-34 Year-2025 Thana- MANJHAUL District- Begusarai
======================================================
Ravi Kishan Kumar @ Ravi Kishan Kumar Paswan S/o Basant Paswan R/o
Village - Majhaul Gadhkhauli Ward No. 2, P.S - Manjhaul, District -
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prabhat, Advocate
For the Opposite Party/s : Mr. Parmanand 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 S.T.
No. 1027 of 2025 arising out of Manjhaul P.S. Case No. 34 of
2025 instituted for the offence under Sections 126(2), 115(2),
118(1), 109(1), 308(4), 352, 351(2) of the Bharatiya Nyaya
Sanhita, 2023.
3. Earlier vide order dated 21.08.2025 passed in Cr.
Misc. No. 56696 of 2025 regular bail of the petitioner was
rejected by this Court considering the specific and direct
allegation against the petitioner.
3. Learned counsel for the petitioner submits that the
present one is the second attempt for grant of regular bail to the
Patna High Court CR. MISC. No.14105 of 2026(2) dt.25-02-2026
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petitioner. It is mainly submitted that in this case charges
against the petitioner have been framed on 15.11.2025 and since
then the case is running for evidence and till now, no witness
has been examined. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 20.04.2025.
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
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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 S.T. No. 1027 of
2025 arising out of Manjhaul P.S. Case No. 34 of 2025, subject
to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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