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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, holding that continued pre‑trial detention would be punitive and violate Article 21.

Summary

Sonu Kumar was arrested in connection with a case under Section 306 of the Indian Penal Code and has been in judicial custody since October 19, 2023. He applied for regular bail for the second time after an earlier bail plea was rejected. The petitioner’s counsel argued that continued pre‑trial detention violated his fundamental right to liberty under Article 21, especially since the charge‑sheet is filed, charge framed, and most witnesses examined. The State opposed bail, citing the seriousness of the offence. The court, noting that further detention would be punitive and contrary to Article 21, ordered the release of the petitioner on bail upon furnishing a bail bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

  • What is the applicability of bail in a case involving an offence under Section 306 IPC given the seriousness of the charge?
  • Does continued pre‑trial detention infringe the petitioner’s right to liberty under Article 21 of the Constitution?
  • Can bail be granted when the trial is nearing conclusion and most evidence has been recorded?

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • Section 306 IPC
  • fundamental rights
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.1914 of 2026
                     Arising Out of PS. Case No.-142 Year-2023 Thana- MOHIUDDIN NAGAR District-
                                                        Samastipur
                 ======================================================
                 Sonu Kumar S/O Kari Paswan Resident of Village- Harail, P.S- Mohiuddin
                 Nagar, District- Samastipur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay K Singh, Advocate
                 For the Opposite Party/s :      Mr. Dr. Ajeet Kumar, 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

                   Mohiuddin Nagar P.S. Case No. 142 of 2023, instituted for the

                   offences under Sections 306 of the Indian Penal Code.

                           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

                   06.12.2024 passed in Cr. Misc. No. 35768 of 2024 taking into

                   consideration the nature and gravity of the offence and

                   specifically taking into account the fact that the trial is on the

                   verge of its conclusion.

                           4.      Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.1914 of 2026(2) dt.17-01-2026
                                            2/3




          petitioner is languishing in judicial custody since 19.10.2023

          without any rhymes or reason and has got one criminal

          antecedent in which he is on bail. It is next submitted that

          charge-sheet has been submitted and charge has already been

          framed agaisnt the petitioner. Total eight witnesses have already

          been examined in this case and only doctor is yet to be

          examined. 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 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 on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
             Patna High Court CR. MISC. No.1914 of 2026(2) dt.17-01-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Mohiuddin Nagar

                       P.S. Case No. 142 of 2023.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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