Patna High Court
Sanjeet Das @ Bhim DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that prolonged pre‑trial detention serves no purpose and infringes Article 21, therefore bail must be granted subject to reasonable conditions.
Summary
The petitioners, Munna Das and Sanjeet Das, were arrested in connection with Nadi Police Station Case No. 330 of 2024 under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Their regular bail applications had earlier been rejected by a coordinate bench of the Patna High Court. Counsel argued that the charges were framed but no witness had been examined, and the petitioners had been in custody for several months without any criminal antecedent, amounting to a violation of Article 21 of the Constitution. The State opposed the bail, but the court noted that continued detention would be punitive pre‑trial incarceration contrary to the spirit of Article 21. Consequently, the court granted bail to both petitioners on a bond of Rs. 15,000 each with two sureties, subject to conditions of family surety and regular appearance in court. The order emphasizes that bail may be cancelled if the petitioners default on two consecutive appearances.
Issues considered
- Whether the petitioners are entitled to regular bail despite prolonged pre‑trial detention without trial.
- Whether continued pre‑trial incarceration violates the fundamental right to life and liberty under Article 21 of the Constitution of India.
- Whether bail can be granted under the provisions of Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 with appropriate conditions.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
- Constitution of India — s. Article 21
Subjects
- bail
- pre‑trial detention
- Article 21
- Bharatiya Nyaya Sanhita
- criminal procedure
- fundamental rights
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85244 of 2025
Arising Out of PS. Case No.-330 Year-2024 Thana- NADI P.S. District- Patna
======================================================
Munna Das S/o Dhanesh Das Resident of Village - Jethuli, P.S - Nadi, District
- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 1890 of 2026
Arising Out of PS. Case No.-330 Year-2024 Thana- NADI P.S. District- Patna
======================================================
Sanjeet Das @ Bhim Das Son of Bilat Das Resident of Village- Jethuli, P.S.-
Nadi, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 85244 of 2025)
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
(In CRIMINAL MISCELLANEOUS No. 1890 of 2026)
For the Petitioner/s : Mr. Chandra Shekhar Sharma, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with Nadi
P.S. Case No. 330 of 2024 instituted for the offence under
Sections 103(1) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Earlier vide common order dated 15-05-2025, passed in Cr.
Patna High Court CR. MISC. No.85244 of 2025(3) dt.09-02-2026
2/3
Misc. No. 15591 of 2025, regular bail of the petitioners was
rejected by a Co-ordinate Bench of this Court.
3. Learned counsel for the petitioners submits that the
present one is the second attempt for grant of regular bail to the
petitioners. It is mainly submitted that charge in this case is
framed and till date, no witness has been examined, hitherto. It
has been submitted on behalf of the petitioners that the
petitioner, namely, Munna Das is in custody since 14-10-2024,
whereas petitioner, namely, Sanjeet Das @ Bhim Das is in
custody since 26.12.2024, both having no criminal antecedent.
Learned counsel further submits that there is no likelihood of
the trial being concluded in the near future. Learned counsel
goes on to submit that the continued incarceration of the
petitioners without conclusion of trial amounts to a gross
violation of the fundamental right guaranteed under Article 21
of the Constitution of India, which is reiterated by Hon’ble
Apex Court in plethora of judgments.
4. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
5. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioners and taking into
account the fact that continued detention of the petitioners
Patna High Court CR. MISC. No.85244 of 2025(3) dt.09-02-2026
3/3
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 petitioners.
6. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nadi P.S. Case No.
330 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioners.
(II) The petitioners 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 petitioners.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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