Created by Fuzzy Cloud

Patna High Court

Sumit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail, holding that continued pre‑trial detention would be punitive and violate Article 21.

Summary

The petitioner, Sumit Kumar, was arrested in connection with a vigilance case and charged under Sections 316(5) and 308(2) of the Bharatiya Nyaya Sanhita, 2023. An earlier application for regular bail was rejected, with the court allowing a fresh application after five months. The petitioner argued that he had been in custody since 12 June 2025, no witnesses had been examined, and continued detention violated his fundamental right to liberty under Article 21. The State opposed the bail. The court held that continued pre‑trial detention would be punitive and contrary to the spirit of Article 21, and therefore granted bail subject to monetary and personal surety conditions and compliance with procedural directives.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences under Sections 316(5) and 308(2) of the Bharatiya Nyaya Sanhita, 2023
  • 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 sufficient to safeguard the trial process

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • Bharatiya Nyaya Sanhita
  • Section 316
  • Section 308
  • vigilance case
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23905 of 2026
                        Arising Out of PS. Case No.-53 Year-2025 Thana- Purbasarai District- Munger
                 ======================================================
                 Sumit Kumar Son of Narendra Prasad Singh R/O Village- Prabodhi Narendra,
                 P.S.- Sarai, Distt.- Vaishali
                                                                         ... ... Petitioner/s
                                                 Versus
           1.     The State of Bihar Patna
           2.    The Vigilance Department, State of Bihar, Patna Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Jagjit Roshan, Advocate
                                                    Mr.Anjani Kumar, Advocate
                                                    Mr.Prashant Raj, Advocate
                 For the Opposite Party/s :         Mr.Anil Kumar Singh No. 1, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   17-04-2026                      Heard learned counsel for the petitioner and

                   learned APP for the State.

                                    2. The petitioner seeks bail in connection with

                   Vigilance Case No. 01 of 2026/ Special Vigilance Case No. 01

                   of 2026, arising out of Purabsarai P.S. Case No. 53 of 2025,

                   instituted for the offence under Sections 316(5) and 308(2) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                    3. Earlier, vide order dated 25.09.2025 passed in

                   Cr. Misc. No. 47170 of 2025, regular bail of the petitioner was

                   rejected by this Court considering the nature of accusation and

                   the gravity of the offence, with a liberty to renew the prayer

                   after five months if the trial is not concluded.
Patna High Court CR. MISC. No.23905 of 2026(2) dt.17-04-2026
                                            2/3




                          4. Learned counsel for the petitioner submits that

          the present one is the second attempt for grant of regular bail to

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

          framed and till date, no witnesses have been examined. It has

          been submitted on behalf of the petitioner that the petitioner is

          in custody since 12.06.2025. 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
           Patna High Court CR. MISC. No.23905 of 2026(2) dt.17-04-2026
                                                       3/3




                     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 Vigilance Case

                     No. 01 of 2026/ Special Vigilance Case No. 01 of 2026, arising

                     out of Purabsarai P.S. Case No. 53 of 2025, 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


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.