Kundan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36062 of 2026
                          Arising Out of PS. Case No.-518 Year-2025 Thana- BARH District- Patna
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                 Kundan Kumar S/o Late Tarni Yadav Resident of village -Lakhachak, P.S.-
                 Belachhi, District- Patna

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Ranjeet Kumar Mishra, Advocate
                 For the Opposite Party/s :        Mr. Tarkeshwar Nath Thakur, APP
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                 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 Barh

                   P.S. Case No. 518 of 2025 instituted for the offence under

                   Sections 317(5) & 3(5) of the Bharatiya Nyaya Sanhita, 2023,

                   Section 30(a) of the Bihar Prohibition and Excise Act and

                   Sections 25(1-B)a, 26 & 35 of the Arms Act. Earlier vide order

                   dated 18.12.2025, passed in Cr. Misc. No. 81444 of 2025,

                   regular bail of the petitioner was rejected by this Court with a

                   liberty to renew the prayer after four 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
Patna High Court CR. MISC. No.36062 of 2026(2) dt.19-06-2026
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          petitioner. It is mainly submitted that charge in this case is

          framed and till date, only four (4) out of the six (6) witnesses

          have been examined. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 07.09.2025,

          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
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                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Barh P.S. Case No.

                     518 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