Patna High Court
Shankar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding that continued detention would be punitive and contrary to Article 21.
Summary
Shankar Sharma was arrested on 7 November 2024 in connection with Session Trial Case No. 51 of 2025 for offences under Sections 126(2), 115, 118(1), 109, 352, 3(5) and later Section 103 of the Bharatiya Nyaya Sanhita, 2023. The petitioner had previously applied for regular bail, which was rejected with a direction to renew after six months. On the second application, counsel highlighted that only one of eight witnesses had been examined, the trial was far from conclusion, and the petitioner had no prior criminal record, arguing that continued detention violated Article 21 of the Constitution. The State opposed bail. The Court, noting the prolonged pre‑trial incarceration and the lack of necessity for further detention, granted bail subject to a bond of Rs. 15,000 with two sureties and conditions regarding appearance.
Issues considered
- Whether the petitioner is entitled to regular bail despite the pending trial and the nature of the charges under the Bharatiya Nyaya Sanhita, 2023.
- Whether continued pre‑trial detention violates the right to life and liberty guaranteed under Article 21 of the Constitution of India.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115, 118(1), 126(2), 3(5), 352
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20860 of 2026
Arising Out of PS. Case No.-496 Year-2024 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
Shankar Sharma S/o Brahmdeo Sharma Resident of Village- Hamidpur
Paharpur, P.S.- Simri Bakhtiyarpur, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Randhir Kumar No 1, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, 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
Session Trial Case No. 51 of 2025 arising out of Bakhtiyarpur
P.S. Case No. 496 of 2024 instituted for the offence under
Sections 126(2), 115, 118(1), 109, 352 & 3(5) of the Bharatiya
Nyaya Sanhita, 2023. Subsequently, Section 103 of the BNS
was added. Earlier vide order dated 09-07-2025, passed in Cr.
Misc. No. 20104 of 2025, regular bail of the petitioner was
rejected by this Court with a liberty to renew the prayer after six
months if the trial is not concluded.
3. Learned counsel for the petitioner submits that the
present one is the second attempt for grant of regular bail to the
Patna High Court CR. MISC. No.20860 of 2026(2) dt.03-04-2026
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petitioner. It is mainly submitted that charge in this case is
framed and till date, only one out of eight witnesses has been
examined, which is evident from the impugned order itself. It
has been submitted on behalf of the petitioner that the petitioner
is in custody since 07.11.2024, having no criminal antecedent.
Learned counsel further submits that there is no likelihood of
the trial being concluded in the near future. Learned counsel
goes on to submit 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 is reiterated by Hon’ble
Apex Court in plethora of judgments.
4. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
5. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and taking into
account the fact that continued detention of the petitioner would
serve no purpose 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.
6. Let the petitioner be released on bail on furnishing
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bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Session Trial Case
No. 51 of 2025 arising out of Bakhtiyarpur P.S. Case No. 496 of
2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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