Patna High Court
Praveen Kumar Gupta @ Vikky @ Praveen Kr. GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Praveen Kumar Gupta, was charged in Laheriyasarai P.S. Case No. 108 of 2017 for offences under Sections 341, 323, 324, 307, 379, 504, 427 and 326/34 of the Indian Penal Code, alleged to have poured petrol on the victim and set him ablaze, resulting in death. He has been in judicial custody since 26 March 2017, amounting to more than nine years, while the trial remains pending. The petitioner’s counsel argued that the prolonged pre‑trial detention violates his right to a speedy trial and relied on the Supreme Court’s decision in Pradeep Kumar @ Banu v. State of Punjab. The State opposed the bail application. The Patna High Court, considering the extended custody and the Supreme Court precedent, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to cooperate with the trial proceedings. The order is limited to the bail question and does not prejudice the merits of the criminal case.
Issues considered
- Whether bail should be granted to the petitioner given the nine‑year pre‑trial detention and pending trial.
- Whether the Supreme Court’s decision in Pradeep Kumar @ Banu v. State of Punjab is applicable to this bail application.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 326/34, 341, 379, 427, 504
Subjects
- bail
- speedy trial
- pre‑trial detention
- Indian Penal Code
- criminal procedure
- arson
- murder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19906 of 2026
Arising Out of PS. Case No.-108 Year-2017 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Praveen Kumar Gupta @ Vikky @ Praveen Kr. Gupta S/o Late Kailash
Prasad Gupta Postal Address of Mohalla - Balbhadrapur, P.S - Laheriasarai,
District - Darbhanga, Permanent Address of Village - Kotwali Chowk Naka
No. 05, P.S - Town, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Wasim Ahmad
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Laheriyasarai P.S. Case No. 108 of 2017 registered for the
offence under Sections 341, 323, 324, 307, 379, 504, 427 and
326/34 of the Indian Penal Code.
3. As per the prosecution case, for a dispute for
vacating the shop, on the order of one Kailash Prasad Gupta, his
wife and daughter brought the petrol in gallons and the
petitioner and others are said to have poured the same on the
deceased and it is alleged that the petitioner has set the victim
ablaze because of which the victim/deceased sustained injuries
Patna High Court CR. MISC. No.19906 of 2026(2) dt.31-03-2026
2/3
and during the course of treatment, he died.
4. Learned counsel for the petitioner submits
that the petitioner is innocent and he is rooting in jail since
26.03.2017. He further submits that the petitioner has a right of
speedy trial as the trial has not yet been concluded and the
petitioner is in custody for more than nine years. In support of
this submission, learned counsel for the petitioner has relied
upon a decision of the Hon’ble Supreme Court rendered in the
case of Pradeep Kumar @ Banu vs. State of Punjab (Criminal
Appeal No.1341 of 2026, arising out of S.L.P. (Crl.) No.18775
of 2025).
5. Learned APP for the State has opposed the
prayer of the petitioner for grant of bail.
6. Considering the period of custody of the
petitioner, delay in trial and the law laid down by the Hon’ble
Supreme Court in the case of Pradeep Kumar @ Banu (supra),
this bail application is allowed.
7. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned concerned Court below in connection with
Laheriyasarai P.S. Case No. 108 of 2017.
Patna High Court CR. MISC. No.19906 of 2026(2) dt.31-03-2026
3/3
8. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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