Created by Fuzzy Cloud

Patna High Court

Praveen Kumar Gupta @ Vikky @ Praveen Kr. GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.