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Patna High Court

Muskan Alam @ Muskan Mudsbin @ Muskan MudassirversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail, as continued pre‑trial detention would be punitive and contrary to Article 21.

Summary

The petitioner, Muskan Alam, was arrested in connection with a murder case (PS Madhuban Case No. 260 of 2024) under Sections 302, 304(B) and 34 of the Indian Penal Code. He had been in judicial custody since 24 March 2025 and had previously been denied bail. The petitioner argued that his continued detention violated his fundamental right to liberty under Article 21, especially since the trial was still at an early stage with no witnesses examined. The State opposed bail, citing the seriousness of the offences. The court noted the lengthy pre‑trial detention, the lack of trial progress, and the principle that pre‑trial incarceration should not be punitive, and therefore granted bail on condition of a Rs. 15,000 bond with two sureties.

Issues considered

  • Whether bail can be granted in a case involving murder, culpable homicide not amounting to murder and criminal conspiracy (IPC §§302, 304B, 34) given the seriousness of the offences.
  • Whether the petitioner’s right to liberty under Article 21 is violated by continued pre‑trial detention without trial progress.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • Indian Penal Code
  • Section 302
  • Section 304B
  • Section 34
  • fundamental rights
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.15291 of 2026
                 Arising Out of PS. Case No.-260 Year-2024 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Muskan Alam @ Muskan Mudsbin @ Muskan Mudassir Son of Late
                 Mahhoom Jillani @ Late Marhoom Jillani Resident of Village- Khairava,
                 P.S.- Madhuban, District- East Champaran at Motihari
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Karandeep Kumar, Advocate
                 For the Opposite Party/s :      Mr. Ajit Kumar, 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

                   Madhuban P.S. Case No. 260 of 2024, instituted for the offences

                   under Sections 302, 304(B) and 34 of the Indian Penal Code.

                           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

                   14.07.2025 passed in Cr. Misc. No. 35193 of 2025 taking into

                   consideration the fact that postmortem report corroborates the

                   allegation levelled in the FIR.

                           4.      In compliance of the order dated 11.03.2026, a

                   report dated 04.04.2026 with regard to the present stage of trial

                   has been received. From perusal of the aforesaid report, it
Patna High Court CR. MISC. No.15291 of 2026(3) dt.10-04-2026
                                            2/3




          appears that charge has been framed against the petitioner on

          02.04.2026 and no any witness has been examined in this case

          out of eight charge-sheeted witnesses. It is further reported that

          the trial is likely to be concluded within a period of nine

          months.

                  5.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 24.03.2025

          without any rhymes or reason and has got no 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.15291 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 Madhuban P.S. Case

                       No. 260 of 2024.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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