Patna High Court
Shiv Kumar Prasad @ Sheo Kumar Singh @ Diwali @ Diwali SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that the petitioner is entitled to regular bail, subject to the stipulated conditions.
Summary
Shiv Kumar Prasad was arrested in connection with a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Dowry Prohibition Act, 1961. The petitioner had been in custody since 30 January 2025 and earlier bail was denied, with a direction that the prayer could be renewed after five months. Counsel argued that no charge was framed, the co‑accused had been bailed, and continued detention violated Article 21. The State opposed bail. The High Court, noting the lack of charge framing, the length of pre‑trial detention and the constitutional right to liberty, granted regular bail on condition of sureties and compliance with standard bail conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences alleged
- Whether continued pre‑trial detention without charge framing violates Article 21 of the Constitution
- Whether the bail conditions imposed are sufficient to safeguard the trial process
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 127(1), 127(2), 23, 61, 80, 85, 87
- Dowry Prohibition Act, 1961 — s. 3, 4
Subjects
- bail
- pre‑trial detention
- Article 21
- criminal procedure
- Dowry Prohibition Act
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40456 of 2026
Arising Out of PS. Case No.-47 Year-2025 Thana- TEKARI District- Gaya
======================================================
Shiv Kumar Prasad @ Sheo Kumar Singh @ Diwali @ Diwali Singh S/o Late
Raghubir Singh R/o vill - Nomi, P.s.- Tekari, Distt.- Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Most. Saroj Devi W/o Late Ajay Prasad R/o vill - Jafra, P.S.- Belaganj, Distt.
- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the Opposite Party/s : Mr.Anil Kumar, A.P.P.
======================================================
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
Tekari P.S. Case No. 47 of 2025, instituted for the offence under
Sections 127(1), 127(2), 115(2), 85, 87, 61, 80 and 23 of the
Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of the
Dowry Prohibition Act, 1961.
3. Earlier, vide order dated 09.09.2025 passed in
Cr. Misc. No. 40553 of 2025, regular bail of the petitioner was
rejected by this Court considering the nature of allegation and
gravity of the offence, with a liberty to renew the prayer after
five months if the trial is not concluded.
Patna High Court CR. MISC. No.40456 of 2026(2) dt.19-06-2026
2/3
4. 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 up till now charge has
not been framed and only Charge-Sheet has been submitted. It
has been submitted on behalf of the petitioner that the petitioner
is in custody since 30.01.2025. He further submits that Co-
accused has been granted regular bail by this Bench vide order
dated 15.09.2025 passed in Criminal Miscellaneous No. 44217
of 2025. 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 A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
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
Patna High Court CR. MISC. No.40456 of 2026(2) dt.19-06-2026
3/3
the Constitution of India, this Court is inclined to grant bail to
the petitioner.
7. Let the petitioner be released on bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Tekari P.S.
Case No. 47 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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