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Patna High Court

Krishna Kumar Singh @ Krishna KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail, holding that continued pre‑trial detention would be punitive and contrary to Article 21.

Summary

Krishna Kumar Singh was arrested in May 2025 and charged under Sections 316(2), 318(4), 303(2), 60 and later 317(2) of the Bharatiya Nyaya Sanhita, 2023. He remained in judicial custody for over ten months while the trial progressed slowly, with only four of eight charge‑sheet witnesses examined and the charge framed only in October 2025. The petitioner filed a second bail application, arguing that the prolonged pre‑trial detention violated his fundamental right to liberty under Article 21. The State opposed bail, citing the seriousness of the offences. The High Court, noting that continued detention served no purpose other than punitive pre‑trial incarceration and infringed Article 21, ordered his release on bail upon furnishing a bond of Rs. 15,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the prolonged pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution.
  • Whether the delay in trial proceedings justifies the grant of bail.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • fundamental rights
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.18523 of 2026
                    Arising Out of PS. Case No.-248 Year-2025 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Krishna Kumar Singh @ Krishna Kumar S/o- Kamlesh Singh R/o -
                 Katharibag, P.S - Chapra Town, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjay Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar, 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 Town

                   P.S. Case No. 248 of 2025, instituted for the offences punishable

                   under Sections 316(2), 318(4), 303(2), 60 of the Bharatiya

                   Nyaya Sanhita, 2023 and later on added Section 317(2) of the

                   Bharatiya Nyaya Sanhita, 2023 was added.

                           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

                   18.09.2025 passed in Cr. Misc. No. 44937 of 2025 taking into

                   consideration the nature of accusation and gravity of the

                   offence.
Patna High Court CR. MISC. No.18523 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 12.05.2025

          without any rhymes or reason and has got no criminal

          antecedent. It is also submitted that earlier, the petitioner was

          granted liberty to renew his prayer for bail in the learned Court

          below if the trial is not concluded within a period of four

          months, but out of eight charge-sheeted witnesses, only four

          witnesses have been examined in this case and charge has been

          framed against the petitioner on 09.10.2025. Learned counsel

          for    the     petitioner    further     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

          incarceration, which is antithetical to the spirit of Article 21 of
             Patna High Court CR. MISC. No.18523 of 2026(2) dt.18-03-2026
                                                         3/3




                       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 Town P.S. Case No.

                       248 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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