Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Pre‑trial detention without charge infringes Article 21, therefore bail must be granted under Section 309(4) of the Bharatiya Nyaya Sanhita, subject to prescribed conditions.
Summary
The petitioner, Nitish Kumar, was arrested in connection with a case under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 and has been in judicial custody since 26‑04‑2025 without charge being framed. He filed a second bail application, arguing that continued pre‑trial detention violates his fundamental right to liberty under Article 21 of the Constitution and pointing out that a co‑accused had already been granted bail. The State opposed the bail on the ground of the seriousness of the offence and the petitioner’s four prior criminal antecedents. The Court examined whether the prolonged detention without trial served any purpose and held that it amounted to punitive pre‑trial incarceration contrary to Article 21. Consequently, the Court granted regular bail on the condition of a Rs.15,000 bond with two sureties and compliance with attendance requirements.
Issues considered
- Does continued pre‑trial detention without framing of charge violate Article 21 of the Constitution?
- Can bail be granted under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 despite the nature of the offence and the petitioner’s criminal antecedents?
- Does the grant of bail to a co‑accused influence the bail decision for the petitioner?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- pre‑trial detention
- Article 21
- Bharatiya Nyaya Sanhita
- Section 309(4)
- fundamental rights
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1788 of 2026
Arising Out of PS. Case No.-304 Year-2024 Thana- HALSI District- Lakhisarai
======================================================
Nitish Kumar S/o Rajesh Yadav R/o Village- Lalganj, P.S.- Chewara, District-
Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Prasad, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 17-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Halsi
P.S. Case No. 304 of 2024, instituted for the offences under
Section 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
22.07.2025 passed in Cr. Misc. No. 44779 of 2025 taking into
consideration the nature of accusation and the gravity of the
offence.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 26.04.2025
Patna High Court CR. MISC. No.1788 of 2026(2) dt.17-01-2026
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without any rhymes or reason and has got four criminal
antecedents. It is also submitted that charge has not been framed
against the petitioner. 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. It is further submitted that other co-
accused has been granted regular bail by this Court vide order
dated 12.11.2025 passed in Cr. Misc. No. 77437 of 2025.
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, 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 after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
Patna High Court CR. MISC. No.1788 of 2026(2) dt.17-01-2026
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like amount each to the satisfaction of Court below/concerned
Court in connection with Halsi P.S. Case No. 304 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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