Patna High Court
Sunny KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
Sunny Kumar was arrested in connection with offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and has been in judicial custody since 12‑08‑2024. He filed a second application for regular bail after an earlier denial. The trial report showed that only two of six charge‑sheeted witnesses had been examined and the trial was expected to conclude within twelve months. Counsel for the petitioner argued that continued pre‑trial detention violated the right to life and liberty guaranteed under Article 21 of the Constitution. The State opposed the bail, but the court, considering the prolonged custody and the limited progress of the trial, granted bail subject to a bond of Rs. 15,000 and two sureties with conditions for appearance. The order reflects the principle that pre‑trial incarceration should not become punitive.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 despite the alleged seriousness of the offences
- Whether continued pre‑trial detention of the petitioner infringes the fundamental right guaranteed under Article 21 of the Constitution of India
- Whether the stage of the trial and the duration of custody justify the grant of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- Bharatiya Nyaya Sanhita
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14720 of 2026
Arising Out of PS. Case No.-197 Year-2024 Thana- PUNPUN District- Patna
======================================================
Sunny Kumar Son of Anirudh Singh Resident of village - Mahmadlichak,
Police Station - Naubatpur, District - Patna (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Gautam, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Punpun P.S. Case No. 197 of 2024, instituted for the offences
under Sections 103(1) 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
08.07.2025 passed in Cr. Misc. No. 27507 of 2025 taking into
consideration the nature and gravity of the offence.
4. In compliance of the order dated 25.02.2026, a
report dated 11.03.2026 with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
Patna High Court CR. MISC. No.14720 of 2026(3) dt.10-04-2026
2/3
appears that out of six charge-sheeted witnesses, only two
witnesses have been examined in this case and summon has
been issued for examination of rest of the witnesses. It is further
reported that the trial is likely to be concluded within a period of
twelve months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 12.08.2024
without any rhymes or reason and has got one criminal
antecedent. 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.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. 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.
Patna High Court CR. MISC. No.14720 of 2026(3) dt.10-04-2026
3/3
8. Let the petitioner be released on bail on furnishing
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 Punpun P.S. Case
No. 197 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)
Rajorshi/-
U T
Checking your session…