Patna High Court
Santosh PathakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail, holding that continued pre‑trial detention serves no purpose and violates Article 21.
Summary
Santosh Pathak was charged under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 in Hasanpur P.S. Case No. 137 of 2024 and has been in judicial custody since 20 December 2024. He filed a second bail application after an earlier denial, arguing that his continued pre‑trial detention violates his fundamental right to liberty under Article 21. The trial report showed that charges were framed on 3 September 2025, five of seven witnesses have been examined and the trial is expected to conclude within two months. The State opposed bail, citing the nature and gravity of the offences. The Court, noting that further detention would be punitive and contrary to the spirit of Article 21, granted bail on a bond of Rs. 15,000 with two sureties.
Issues considered
- Whether the petitioner’s continued pre‑trial detention infringes Article 21 of the Constitution.
- Whether bail should be granted despite the nature and gravity of the offences under the Bharatiya Nyaya Sanhita.
- Whether the six‑month liberty to re‑apply for bail is applicable in the present circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)
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.17373 of 2026
Arising Out of PS. Case No.-137 Year-2024 Thana- HASANPUR District- Samastipur
======================================================
Santosh Pathak Son of Rajendra Pathak R/O Village- Aatapur, P.S.- Hasanpur,
District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Anjani Pd. Singh, Advocate
For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 15-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Hasanpur P.S. Case No. 137 of 2024, instituted for the offences
under Sections 103(1), 61(2) 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
31.07.2025 passed in Cr. Misc. No. 27194 of 2025 taking into
consideration the nature and gravity of the offence.
4. In compliance of the order dated 10.04.2026, a
report dated 28.04.2026 with regard to the present stage of trial
Patna High Court CR. MISC. No.17373 of 2026(3) dt.15-05-2026
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has been received. From perusal of the aforesaid report, it
appears that charge has been framed against the petitioner on
03.09.2025 and in this case, out of seven charge-sheeted
witnesses, only five witnesses have been examined in this case
including Investigating Officer. However one doctor and one
non-official witnesses are yet to be examined. It is further
reported that the trial is likely to be concluded within a period of
two months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 20.12.2024
without any rhymes or reason and has got three criminal
antecedents. Learned counsel for the petitioner next submits that
the petitioner was granted liberty of six months to renew his
prayer for bail before the learned Court below if the trial is not
concluded within a period of six months. It is further submitted
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.
Patna High Court CR. MISC. No.17373 of 2026(3) dt.15-05-2026
3/3
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.
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 Hasanpur P.S. Case
No. 137 of 2024.
(Rudra Prakash Mishra, J)
Rajorshi/-
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