Patna High Court
Sonu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Indian Penal Code — s. 306
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
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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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