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Patna High Court

Ram Jeevan Singh @ Sudershan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants regular bail to the petitioner subject to specified conditions.

Summary

Ram Jeevan Singh, accused of offences under IPC sections 147, 148, 149, 302, 307, 324, the Arms Act (Sec. 27) and the Criminal Law Amendment Act (Sec. 17), has been in judicial custody since 4 February 2021. This is his third application for regular bail after two earlier refusals by the Patna High Court. The petitioner argued that the prolonged pre‑trial detention violates his fundamental right to liberty under Article 21 of the Constitution. The State opposed the bail on the ground of the seriousness of the charges and the petitioner’s criminal antecedents. The Court, noting the inordinate delay, the limited examination of witnesses, and the punitive nature of continued detention, decided to grant bail with a cash bond and several conditions. The order directs the petitioner to appear at every trial date, not tamper with evidence, and not leave the jurisdiction without permission.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the length of pre‑trial detention
  • Whether continued detention amounts to a violation of Article 21 of the Constitution

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • IPC offences
  • Arms Act
  • Criminal Law Amendment Act
  • fundamental rights
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.27436 of 2026
                      Arising Out of PS. Case No.-59 Year-2005 Thana- KHIJARSARAI District- Gaya
                 ======================================================
                 Ram Jeevan Singh @ Sudershan Singh S/O Late Udhabh Singh Residrne Of
                 Village- Siswar, P.s.- Khizersarai, Dist.- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr. Dr.Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   01-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner seeks bail in connection with

                   Khizersarai P.S. Case No. 59 of 2005, instituted for the offences

                   under Sections 147, 148, 149, 302, 307, 324 of the Indian Penal

                   Code read with Section 27 of the Arms Act and Section 17 of

                   the C.L.A Act.

                           3.      This is the third attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected by a co-ordinate Bench of this Court

                   vide order dated 10.05.2024 passed in Cr. Misc. No. 22074 of

                   2024 taking into consideration the nature of accusation and

                   delay of the petitioner in surrendering before the learned Court
Patna High Court CR. MISC. No.27436 of 2026(2) dt.01-05-2026
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          below. Further the prayer for grant of regular bail of the

          petitioner was also rejected by this Court vide order dated

          05.08.2025 passed in Cr. Misc. No. 28093 of 2025 taking into

          consideration the stage of the case.

                  4.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 04.02.2021

          without any rhymes or reason and has got three criminal

          antecedents. It is submitted that earlier the regular bail of the

          petitioner was rejected with an observation to renew his prayer

          for bail before the learned Court below if the trial is not

          concluded within a period of five months. It is next submitted

          that out of eleven charge-sheeted witnesses, only six witnesses

          have been examined in this case. Learned counsel for the

          petitioner next 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
Patna High Court CR. MISC. No.27436 of 2026(2) dt.01-05-2026
                                            3/4




          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 Court

          below/concerned Court in connection with Khizersarai P.S. Case

          No. 59 of 2005, 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 and shall not remain absent on two consecutive

          dates without sufficient cause.

                        (III) The petitioner will not tamper with the evidence

          or the witnesses during the trial.

                        (IV) Petitioner shall not commit offence of similar

          nature in future.

                        (V) The petitioner shall not leave the territorial

          jurisdiction of the learned Court below without taking prior

          permission of the Court concerned.
             Patna High Court CR. MISC. No.27436 of 2026(2) dt.01-05-2026
                                                         4/4




                                If any of the above conditions are violated, the Trial

                       Court shall be at liberty to cancel the bail bonds of the

                       petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U


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