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Patna High Court

SalmanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail must be granted as continued pre‑trial detention would be punitive and violative of Article 21.

Summary

Salman was arrested in connection with a case under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 and has been in judicial custody since 18 November 2024. He previously applied for bail, which was denied, and now seeks regular bail, arguing that his prolonged pre‑trial detention violates Article 21 of the Constitution. The State opposed the bail, emphasizing the seriousness of the offence and the recovery of looted goods. The Court considered the length of custody, the fact that only one of five witnesses had been examined, and the principle that pre‑trial detention should not become punitive. Finding that continued detention would serve no purpose other than punishment, the Court granted bail subject to a cash bond and surety conditions, and required the petitioner’s regular appearance in court.

Issues considered

  • What is the appropriate bail jurisprudence for an offence under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023?
  • Does prolonged pre‑trial detention without trial infringe the petitioner’s right to life and liberty under Article 21 of the Constitution?
  • Should the bail be denied on the ground of the nature and gravity of the alleged offence and recovery of looted goods?

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • fundamental rights
  • Bharatiya Nyaya Sanhita
  • Section 309(4)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.17017 of 2026
                     Arising Out of PS. Case No.-234 Year-2024 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
                 Salman S/O Ramjan @ Ramjani Resident of Village- Madapur, Bajhauda,
                 P.S.- Pilakhua, District- Harpur at Uttar Pardesh

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :      Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   11-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner seeks bail in connection with

                   Dumariyaghat P.S. Case No. 234 of 2024, instituted for the

                   offences under Sections 309(4) 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

                   29.04.2025 passed in Cr. Misc. No. 5339 of 2025 taking into

                   consideration the nature and gravity of the offence as also there

                   being recovery of looted goods from the possession of the

                   accused persons including this petitioner.
Patna High Court CR. MISC. No.17017 of 2026(2) dt.11-03-2026
                                            2/3




                  4.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 18.11.2024

          without any rhymes or reason and has got one criminal

          antecedent. It is next submitted that charge has already been

          framed against the petitioner on 08.04.2025 and out of five

          witnesses, only one witness has been examined in this case.

          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.

                  5.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                  6.    Considering the aforesaid facts and circumstances of

          the case, present stage 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.

                   7.     Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
             Patna High Court CR. MISC. No.17017 of 2026(2) dt.11-03-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Dumariyaghat P.S.

                       Case No. 234 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


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