Patna High Court
Mrityunjay Kumar Singh @ Mritunjay Singh @ Mirtunjay SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that continued pre‑trial detention would violate Article 21 and therefore granted bail subject to conditions.
Summary
Mrityunjay Kumar Singh was arrested in connection with a case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. An earlier application for regular bail was rejected, but the petitioner filed a second bail application, contending that his prolonged pre‑trial detention since 9 March 2025 infringed his fundamental right to liberty under Article 21. The State opposed the bail. The court noted that the co‑accused had been granted bail and that the trial was unlikely to conclude soon, making continued incarceration punitive. Relying on the principle that pre‑trial detention must not become punitive and must respect Article 21, the court granted bail with a cash bond and two sureties, imposing conditions on the petitioner’s conduct and appearance. The bail order was made subject to cancellation if conditions were breached.
Issues considered
- Whether the petitioner is entitled to bail despite a prior denial, considering the length of pre‑trial detention and the right to liberty under Article 21.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- pre‑trial detention
- Article 21
- right to liberty
- criminal procedure
- Bharatiya Nyaya Sanhita
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23657 of 2026
Arising Out of PS. Case No.-369 Year-2024 Thana- EKMA District- Saran
======================================================
Mrityunjay Kumar Singh @ Mritunjay Singh @ Mirtunjay Singh S/o
Brijindra Singh @ Bajendra Singh @ Brajendra Kumar Singh R/o Village -
Galimapur, P.S- Ekma, District - Saran at Chhapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr.Bhanu Pratap Singh, A.P.P.
======================================================
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
S.Tr. No. 899 of 2025, arising out of Ekma P.S. Case No. 369 of
2024, instituted for the offence under Sections 103(1) and 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
3. Earlier, vide order dated 15.09.2025 passed in
Cr. Misc. No. 53909 of 2025, regular bail of the petitioner was
rejected by this Court considering the direct allegation against
the petitioner 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
the petitioner. It has been submitted on behalf of the petitioner
Patna High Court CR. MISC. No.23657 of 2026(2) dt.03-04-2026
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that the petitioner is in custody since 09.03.2025. Learned
counsel for the petitioner further submits that other co-accused
has been granted bail by this Bench vide order dated 06.02.2026
passed in Cr. Misc. No. 79576 of 2025. 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. 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.
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
Patna High Court CR. MISC. No.23657 of 2026(2) dt.03-04-2026
3/3
Court below/concerned Court in connection with Ekma P.S.
Case No. 369 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.
In case of violation of any of the aforesaid 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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