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Patna High Court

Sanjiv SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted, as continued detention would serve no purpose other than punitive pre‑trial incarceration and would contravene Article 21.

Summary

The petitioner, Sanjiv Singh, was arrested on 22 October 2024 and charged under Sections 103(1), 238, 61 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. An earlier application for regular bail was rejected, with the court allowing a fresh prayer after six months. The petitioner argued that the case had not yet been committed to trial, that he had been in custody for over a year, and that continued detention violated his Article 21 right to liberty. The State opposed the bail. The court noted that the case had been committed to the Sessions Court on 16 April 2026 and that further pre‑trial detention would be punitive and contrary to the spirit of Article 21, and therefore granted bail subject to strict conditions.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences and the stage of the proceedings
  • Whether continued pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • right to liberty
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22355 of 2026
                      Arising Out of PS. Case No.-380 Year-2024 Thana- KANTI District- Muzaffarpur
                 ======================================================
                 Sanjiv Singh S/o Baijnath Singh @ Baidhanath Singh R/o Village - Harka, P.S
                 - Minapur, District – Muzaffarpur.

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dhananjai Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Surendra Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   15-05-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2.         The petitioner seeks bail in connection with

                   Kanti P.S. Case No. 380 of 2024, instituted for the offence under

                   Sections 103(1), 238, 61 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                   3. Earlier, vide order dated 15.07.2025 passed in

                   Cr. Misc. No. 20699 of 2025, regular bail of the petitioner was

                   rejected by this Court considering the nature and gravity of the

                   offence with a liberty to renew the prayer after six months if the

                   trial is not concluded.

                                   4. Learned counsel for the petitioner submits that

                   the present one is the second attempt for grant of regular bail to
Patna High Court CR. MISC. No.22355 of 2026(3) dt.15-05-2026
                                            2/4




          the petitioner. It is mainly submitted that charge in this case is

          framed and till date, commitment of the case has not been done.

          It has been submitted on behalf of the petitioner that the

          petitioner is in custody since 22.10.2024. 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.

                          5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                          6. In compliance of the order dated 03.04.2026, a

          report dated 18.04.2026 with regard to the present stage of trial

          has been received. From perusal of the aforesaid report, it

          appears that case record is fixed for commitment and this case

          has been committed to the Court of Sessions on 16.04.2026.

                          7.     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
Patna High Court CR. MISC. No.22355 of 2026(3) dt.15-05-2026
                                            3/4




          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.

                          8. 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 Kanti P.S.

          Case No. 380 of 2024, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during

          the course of trial.

                       (IV) The Petitioner shall not commit offence of a

          similar nature in future.

                       (V) The Petitioner shall not leave the territorial

          jurisdiction of the learned court below without prior permission

          of the court concerned.

                          In case of violation of any of the aforesaid
           Patna High Court CR. MISC. No.22355 of 2026(3) dt.15-05-2026
                                                       4/4




                     conditions, the Trial Court shall be at liberty to cancel the bail

                     bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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