Parmendra Kumar @ Parmendra ManjhiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26303 of 2026
                  Arising Out of PS. Case No.-616 Year-2024 Thana- HARSIDHI District- East Champaran
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                 Parmendra Kumar @ Parmendra Manjhi S/o Bali Manjhi Resident of village -
                 Chilraon, P.S.- Turkauliya, Distt.- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. N.N. Tiwari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   08-05-2026             Heard Mr. Abhishek Kumar, learned counsel for the

                   petitioner and Mr. N.N. Tiwari, learned APP for the State.

                           2.      The petitioner seeks bail in connection with

                   Session Trial Case No. 253 of 2025 arising out of Harsidhi P.S.

                   Case No. 616 of 2024 instituted for the offence under Sections

                   103, 61 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and

                   Section 27 of the Arms Act. Earlier vide order dated 13.08.2025,

                   passed in Cr. Misc. No. 29075 of 2025, regular bail of the

                   petitioner was rejected by this Court.

                           3.      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, six (6) out of ten (10) prosecution witnesses
Patna High Court CR. MISC. No.26303 of 2026(3) dt.08-05-2026
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          have been examined. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 19.11.2024,

          having one 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

          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
           Patna High Court CR. MISC. No.26303 of 2026(3) dt.08-05-2026
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                     No. 253 of 2025, arising out of Harsidhi P.S. Case No. 616 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