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Patna High Court

Sajid Tyagi @ SajidversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, finding that continued pre‑trial detention would be punitive and violative of Article 21.

Summary

The petitioner, Sajid Tyagi, applied for regular bail in a case under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, relating to alleged looted goods. He had been in judicial custody since 18 November 2024 and his earlier bail plea was rejected. Counsel argued that the prolonged pre‑trial detention violated Article 21 of the Constitution and that the trial was far from concluded, with only two of five charge‑sheeted witnesses examined. The State opposed bail, citing the seriousness of the offence. The court, noting the length of custody, the pending trial, and the principle against punitive pre‑trial detention, granted bail on a bond of Rs. 15,000 with two sureties.

Issues considered

  • What is the appropriateness of granting bail in a case under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the offence?
  • Does continued pre‑trial detention infringe the petitioner’s right to liberty under Article 21 of the Constitution?
  • Should the pending status of the trial and the limited examination of witnesses influence the bail decision?

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • Section 309(4)
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19484 of 2026
                     Arising Out of PS. Case No.-234 Year-2024 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
                 Sajid Tyagi @ Sajid S/o- Mohim Tyagi @ Momin Tyagi Resident of village-
                 Fuladi PS- Simmauli District- Harpur at Uttar Pradesh

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :      Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-04-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with S.T.

                   No. 309 of 2025, arising out of Dumariaghat P.S. Case No. 234

                   of 2024, instituted for the offences under Section 309(4) of the

                   Bharatiya Nyaya Sanhita, 2023.

                           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

                   29.04.2025 passed in Cr. Misc. No. 5036 of 2025 taking into

                   consideration the nature and gravity of the offence as also there

                   being recovery of looted goods from the possession of the

                   accused persons including the petitioner.
Patna High Court CR. MISC. No.19484 of 2026(2) dt.03-04-2026
                                            2/3




                  4.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 18.11.2024

          without any rhymes or reason and has got two criminal

          antecedents. It is also submitted that earlier, liberty was granted

          to the petitioner to renew his prayer for bail before the Trial

          Court if the trial is not concluded within a period of six months,

          but the trial is in progress and out of five charge-sheeted

          witnesses, only two witnesses have been examined in this case.

          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.

          Similarly situated co-accused has been enlarged on regular bail

          on second attempt vide order dated 18.03.2026, passed in Cr.

          Misc. No. 18240 of 2026.

                  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 being framed and taking into account the fact that

          continued detention of the petitioner would serve no purpose
           Patna High Court CR. MISC. No.19484 of 2026(2) dt.03-04-2026
                                                       3/3




                     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

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with S.T. No. 309 of

                     2025, arising out of Dumariaghat P.S. Case No. 234 of 2024.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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