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Patna High Court

Shiv Kumar Prasad @ Sheo Kumar Singh @ Diwali @ Diwali SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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