Patna High Court
Baijnath Rawat @ Baijhnath RautversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Baijnath Rawat, was charged under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act in a case originating in 2003. He had been in custody since April 4, 2025, and his earlier bail application was rejected with a direction to reapply after six months. Counsel argued that no witnesses had been examined, the trial was unlikely to conclude soon, and continued detention violated Article 21 of the Constitution. The State opposed bail. Considering the prolonged pre‑trial detention and the lack of progress, the Court held that continued incarceration served only a punitive purpose and granted bail with a bond of Rs. 15,000 and two sureties, subject to conditions regarding family surety and appearance at trial dates.
Issues considered
- Whether bail should be granted in a case involving murder, conspiracy and arms offences.
- Whether prolonged pre‑trial detention violates the right to life and liberty under Article 21 of the Constitution.
- Whether the absence of witness examination and the likelihood of a delayed trial justify bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- pre‑trial detention
- Article 21
- murder
- conspiracy
- Arms Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29028 of 2026
Arising Out of PS. Case No.-36 Year-2003 Thana- MUSRIGHRARI District- Samastipur
======================================================
Baijnath Rawat @ Baijhnath Raut S/o Late Ram Jatan Raut R/o Village-
Rampur keshopatti, Ward No 7, Bejhadih Rupauli, P.S.- Samastipur Mufassil,
Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Praveen, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, 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
Session Trial Case No. 800 of 2025 arising out of Mushrigharari
P.S. Case No. 36 of 2003 instituted for the offence under
Sections 302/34 of the Indian Penal Code and Section 27 of the
Arms Act. Earlier vide order dated 03.09.2025, passed in Cr.
Misc. No. 39919 of 2025, regular bail of the petitioner was
rejected by this Court with a liberty to renew the prayer after six
months if the trial is not concluded.
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
Patna High Court CR. MISC. No.29028 of 2026(2) dt.01-05-2026
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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 04.04.2025, 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
Patna High Court CR. MISC. No.29028 of 2026(2) dt.01-05-2026
3/3
below/concerned Court in connection with Session Trial Case
No. 800 of 2025 arising out of Mushrigharari P.S. Case No. 36
of 2003, 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
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