Patna High Court
Rajan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to a cash bond and surety conditions.
Summary
Rajan Kumar was arrested in connection with offences under Sections 319(2), 318(4), 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 66(i)(ii) of the IT Act, 2000. He has been in judicial custody since 7 January 2025 and his earlier bail application was rejected. The petitioner argued that his prolonged pre‑trial detention violated his fundamental right to liberty under Article 21 and pointed out that only one of six witnesses had been examined and a co‑accused had already been granted bail. The State opposed the bail on the ground of the seriousness of the offences. The Court, considering the length of custody, the lack of substantive trial progress and the principle that pre‑trial detention should not be punitive, granted bail subject to a cash bond of Rs.15,000 and two sureties, with conditions of family surety and mandatory appearance in court.
Issues considered
- Whether the petitioner is entitled to bail despite the gravity of the offences under the Bharatiya Nyaya Sanhita and the IT Act.
- Whether continued pre‑trial detention infringes the petitioner’s right to liberty under Article 21 of the Constitution.
- Whether the conditions imposed for bail are appropriate and sufficient to ensure the petitioner’s attendance at trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 318(4), 319(2)
- Information Technology Act, 2000 — s. 66(i), 66(ii)
Subjects
- bail
- pre‑trial detention
- Article 21
- Bharatiya Nyaya Sanhita
- IT Act
- fundamental rights
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22021 of 2026
Arising Out of PS. Case No.-1 Year-2025 Thana- BARAULI District- Gopalganj
======================================================
Rajan Kumar S/O Late Raju Sah R/O Village- Sidhwaliya, P.S-
Mohammadpur, Distt.-Gopalganj. At present Village- Gulam Hussain Tola,
P.S- Manjhagarh, Distt.- Gopalganj, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, 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 Barauli
P.S. Case No. 01 of 2025, instituted for the offences under
Sections 319(2), 318(4), 317(5) of the Bharatiya Nyaya Sanhita,
2023 and read with Section 66(i)(ii) of the Information
Technology Act, 2000.
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
12.05.2025 passed in Cr. Misc. No. 28069 of 2025 taking into
consideration the nature and gravity of the offence.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.22021 of 2026(2) dt.03-04-2026
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petitioner is languishing in judicial custody since 07.01.2025
without any rhymes or reason and has got no criminal
antecedent. It is submitted that charge-sheet has been submitted
in this case as also charge has also been framed against the
petitioner on 07.10.2025. It is next submitted that out of six
witnesses, only one witness has been examined in this case.
Other co-accused has been granted regular bail by this Court
vide order dated 25.02.2026 passed in Cr. Misc. No. 13286 of
2026. 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.
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 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.
Patna High Court CR. MISC. No.22021 of 2026(2) dt.03-04-2026
3/3
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 Barauli P.S. Case
No. 01 of 2025, 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)
Rajorshi/-
U T
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