Patna High Court
Chandan Kumar @ Chandan GopversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted regular bail to the petitioner, subject to bond and conditions, finding that continued pre‑trial detention would be punitive and contrary to Article 21.
Summary
Chandan Kumar was arrested in February 2020 for alleged murder under Section 302 of the IPC and illegal possession of arms under Section 27 of the Arms Act. After more than six years in custody, he filed his sixth regular bail application, arguing that the trial had examined only eight of ten witnesses and that continued pre‑trial detention violated his Article 21 right to life and liberty. The State opposed the bail, emphasizing the seriousness of the offences. The Patna High Court noted the prolonged detention, the lack of a speedy trial, and the punitive nature of continued incarceration, finding it inconsistent with Article 21. Consequently, the Court granted bail on a cash bond of Rs. 15,000 with two sureties and imposed conditions of appearance and family suretyship.
Issues considered
- Whether the petitioner’s prolonged pre‑trial detention violates the constitutional right to life and liberty under Article 21.
- Whether bail should be granted in a case involving murder (IPC Sec. 302) and illegal possession of arms (Arms Act Sec. 27) given the length of custody and progress of trial.
- Whether the trial is likely to conclude in the near future, justifying continued detention.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302
Subjects
- bail
- pre‑trial detention
- Article 21
- right to liberty
- murder
- illegal arms possession
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36362 of 2026
Arising Out of PS. Case No.-41 Year-2020 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Chandan Kumar @ Chandan Gop Son of Om Prakash Yadav Resident of
Village - Belwarganj, Near Anand Mall, West Darwaja, Police Station -
Alamganj, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-06-2026 Heard Mr. Jay Ram Prasad learned counsel for the
petitioner and Ms. Renu Kumari, learned APP for the State.
2. The petitioner seeks bail in connection with Special
Case No. 931 of 2020, arising out of Ramakrishna Nagar P.S.
Case No. 41 of 2020 instituted for the offence under Section 302
of the Indian Penal Code and Section 27 of the Arms Act.
Earlier vide orders dated 02.12.2020, 15.12.2021, 21.12.2022,
20.04.2024 & 06.02.2026 passed in Cr. Misc. No. 26329 of
2020, Cr. Misc. No. 46905 of 2021, Cr. Misc. No. 47567 of
2022, Cr. Misc. No. 4091 of 2024 & Cr. Misc. No. 60452 of
2025, respectively regular bail of the petitioner was rejected by
Co-ordinate Bench of this Court as well as from this Court.
3. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.36362 of 2026(2) dt.19-06-2026
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present one is the sixth attempt for grant of regular bail to the
petitioner. It is mainly submitted that charge in this case is
framed and till date, eight (8) out of ten (10) witnesses have
been examined. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 29.02.2020, 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
Patna High Court CR. MISC. No.36362 of 2026(2) dt.19-06-2026
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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 Special Case No.
931 of 2020, arising out of Ramakrishna Nagar P.S. Case No. 41
of 2020, 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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