Patna High Court
Krishna Kumar Singh @ Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 316(2), 317(2), 318(4), 60
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/-
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