Patna High Court
Raja Kumar @ Karan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the inordinate delay violates the petitioner’s right to a speedy trial and consequently granted bail with specified conditions.
Summary
Petitioner Raja Kumar has been in custody since 11‑12‑2023 for an offence under S.Tr. No.611 of 2024 arising out of Punaura PS Case No.384 of 2022. No prosecution witness has been examined, and a police report revealed that one of the three witnesses is dead and the other two are missing. The petitioner argued that the prolonged detention violates his fundamental right to a speedy trial under Article 21 of the Constitution. The High Court examined the report, noted the improbability of a near‑term trial, and held that the delay amounts to a violation of Article 21. Accordingly, the Court granted bail on the second prayer, subject to a Rs.10,000 bond, two sureties, and conditions under Section 437(3) of the CrPC and Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita.
Issues considered
- Whether the petitioner’s continued detention amounts to a violation of the right to speedy trial under Article 21 of the Constitution of India.
- Whether bail should be granted under Section 437(3) of the Code of Criminal Procedure and Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita in view of the trial delay and unavailability of witnesses.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 480(3)
- Code of Criminal Procedure — s. 437(3)
Subjects
- bail
- speedy trial
- Article 21
- witness unavailability
- CrPC
- BNSS
- detention
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30206 of 2025
Arising Out of PS. Case No.-384 Year-2022 Thana- PUNAURA District- Sitamarhi
======================================================
Raja Kumar @ Karan Kumar, S/o Narendra Singh, R/o Village-Khairwa,
Ward No. -3, P.S.- Punaura, District- Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 09-01-2026 This is the second prayer of bail pressed by
petitioner after rejection of his first prayer through Cr. Misc.
No.35662 of 2024 dated 01.10.2024, where a direction was
also given to learned trial court to conclude the trial at its
earliest.
2. In the aforesaid background, it is submitted by
learned counsel appearing for the petitioner that the
petitioner is in custody since 11.12.2023 and till date, despite
of custody of more than two years, not even a single
prosecution witness was examined in this case.
3. Considering the aforesaid submission, on last
occasion, a report was also called for from the Superintendent
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of Police, Sitamarhi that what steps for production of charge-
sheeted witnesses were taken. In furtherance of which, a
report was made available to this Court from office of
Superintendent of Police, Sitamarhi dated 10.12.2025
through Letter No.607, from where it appears that out of
three witnesses, one witness already died and two witnesses
namely, Krishna Raut and Pawan Devi left their home and
there is no knowledge about their whereabouts.
4. In view of aforesaid, it can be said safely that
the trial of this case is not likely to conclude in near future and
same is also amounting to violation of fundamental right of
petitioner as available under Article 21 of the Constitution of
India qua speedy trial, accordingly, the petitioner, above-
named, is directed to be released on bail furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned
Additional District and Sessions Judge-I, Sitamarhi in
connection with S.Tr. No.611 of 2024 arising out of Punaura
P.S. Case No.384 of 2022, subject to the conditions as laid
down under Section 437(3) of the Code of Criminal Procedure
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(for short ‘CrPC’)/under Section 480(3) of the Bhartiya
Nagrik Suraksha Sanhita (for short ‘BNSS’) and with further
conditions:-
(i) That petitioner shall co-
operate in the trial and shall be physically
present on each and every date before the
Trial Court till conclusion of the trial and
exemption from physical appearance be
allowed by the Trial Court only on medical
ground of the petitioner duly supported by
the documents.
(ii) That the petitioner shall not
make any deliberate attempt to delay the
trial failing which, the prosecution/State
shall be at liberty to press before the
learned trial court itself for cancellation of
bail bonds of the petitioner, which be
decided by learned trial court after giving
an opportunity of hearing to the petitioner.
(iii) That the petitioner shall in no
way try to induce or influence the witnesses
or tamper with the evidences, in any
manner, the prosecution/State shall be at
liberty to press before the learned trial
court itself for cancellation of bail bonds of
the petitioner, which be decided by learned
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trial court after giving an opportunity of
hearing to the petitioner.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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