Patna High Court
Ram Jeevan Singh @ Sudershan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Criminal Law Amendment Act — s. 17
- Indian Penal Code — s. 147, 148, 149, 302, 307, 324
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
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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
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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/-
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