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Patna High Court

Sonu Kumar @ Sonu Kumar SahversusThe 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

Sonu 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 18 November 2024. He filed a second bail application after an earlier denial, arguing that the trial is delayed, only two of five charge‑sheeted witnesses have been examined, and his continued detention violates Article 21 of the Constitution. The State opposed bail, citing the seriousness of the offence. The High Court considered the length of pre‑trial detention, the pending trial, and the punitive nature of continued incarceration, and concluded that it contravenes the spirit of Article 21. Accordingly, the Court granted regular bail on a bond of Rs. 15,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offence under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether continued pre‑trial detention violates the fundamental right to liberty under Article 21 of the Constitution of India.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • attempted suicide

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.18240 of 2026
                     Arising Out of PS. Case No.-234 Year-2024 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
                 Sonu Kumar @ Sonu Kumar Sah S/O Om Prakash Sah Resident of Village-
                 Raniganj, ward No. 7, Police Station- Chakiya, Dist.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjeet Kumar, Advocate
                 For the Opposite Party/s :      Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   18-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner seeks bail in connection with

                   Dumariaghat P.S. Case No. 234 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

                   23.06.2025 passed in Cr. Misc. No. 6464 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 the petitioner.
Patna High Court CR. MISC. No.18240 of 2026(2) dt.18-03-2026
                                            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 in which he is on bail. It is also submitted that

          earlier, liberty was granted to the petitioner to renew his prayer

          for bail before the Trial Court if the trial is not concluded within

          a period of six months, but the trial is in progress and out of five

          charge-sheeted witnesses, only two witnesses have been

          examined in this case. It is next submitted that charge has been

          framed against the petitioner on 08.04.2025. 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, the period of custody undergone by the petitioner as

          also charge has been framed against the petitioner and taking

          into account the fact that continued detention of the petitioner

          would        serve   no    purpose       other       than   punitive   pretrial
             Patna High Court CR. MISC. No.18240 of 2026(2) dt.18-03-2026
                                                         3/3




                       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

                       sureties of the like amount each to the satisfaction of Court

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

                       Case No. 234 of 2024.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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