Manoj Kumar @ Guchhu @ Manoj DasversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35488 of 2026
                        Arising Out of PS. Case No.-766 Year-2024 Thana- KOTWALI District- Patna
                 ======================================================
                 Manoj Kumar @ Guchhu @ Manoj Das S/o Sri Ram Babu Das Resident of
                 Mohalla- Chiraiyatar, Postal Park, Budh Nagar, Road No.1, P.S.- Kankarbagh,
                 District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Binay Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-06-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Kotwali P.S. Case No. 766 of 2024 (Session Trial No. 1356 of

                   2025) instituted for the offences under Section 137(2) of the

                   Bharatiya Nyaya Sanhita, 2023. Subsequently, Sections 111(1)

                   and 3(5) of the BNS were added.

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

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected on merit by this Court vide order

                   dated 30.10.2025, passed in Cr. Misc. No. 28022 of 2025, taking

                   into account the gravity and nature of the offence as alleged

                   against the petitioner as also the materials available in the case
Patna High Court CR. MISC. No.35488 of 2026(2) dt.19-06-2026
                                            2/3




          diary.

                   4.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 12.11.2024

          without any rhymes or reason, having one criminal antecedent.

          It is mainly submitted that charge in this case is framed and till

          date, only three witnesses have been examined. 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.

                   5.      Learned APP for the State opposes the prayer for

          grant of bail.

                   6.      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.
           Patna High Court CR. MISC. No.35488 of 2026(2) dt.19-06-2026
                                                        3/3




                             7. 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 Kotwali P.S. Case

                     No. 766 of 2024 (Session Trial No. 1356 of 2025), 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