Patna High Court
Ratnesh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 316(2), 317(2), 318(4), 60
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
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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
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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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