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Patna High Court

Ratnesh SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner.

Summary

Petitioner Ratnesh Sah 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 had previously been denied bail and has been in judicial custody for over ten months. The petitioner argued that his continued detention violates his fundamental right to liberty under Article 21 and pointed to a co‑accused who was granted bail in a similar case. The State opposed bail, citing the seriousness of the offences. The Court, noting the prolonged pre‑trial incarceration, the lack of criminal antecedents, and the principle of parity, held that continued detention would be punitive and contrary to Article 21, and therefore granted bail on 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.
  • Whether continued pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution.
  • Whether parity with a co‑accused who was granted bail requires the petitioner’s bail to be granted.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • Bharatiya Nyaya Sanhita
  • fundamental rights
  • parity

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.19630 of 2026
                    Arising Out of PS. Case No.-248 Year-2025 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Ratnesh Sah Son of Late Bhawasagar Sah Resident of Village- Bardahiya,
                 P.S.- Marhowrah, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Mili Kumari, Advocate
                 For the Opposite Party/s :      Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   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. 1206 of 2025, arising out of Chapra Town (Nagar) 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 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

                   15.09.2025 passed in Cr. Misc. No. 44411 of 2025 taking into

                   consideration the nature of accusation and gravity of the
Patna High Court CR. MISC. No.19630 of 2026(3) dt.03-04-2026
                                            2/3




          offence.

                  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. 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. Similarly situated co-accused

          person has been enlarged on bail in second attempt vide order

          dated 18.03.2026, passed in Cr. Misc. No. 18523 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 claim based on parity and taking into account the fact that

          continued detention of the petitioner would serve no purpose
           Patna High Court CR. MISC. No.19630 of 2026(3) 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. 1206 of

                     2025, arising out of Chapra Town (Nagar) P.S. Case No. 248 of

                     2025.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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