Created by Fuzzy Cloud

Patna High Court

DHARMENDRA RAVIDAS @ DHARO @ D.J. @ DHARMENDRA KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as continued detention would be punitive and infringe Article 21.

Summary

The petitioners, Dharmendra Ravidas and Mantu Ravidas, were arrested in connection with a case registered on 03-10-2024 under multiple sections of the Bharatiya Nyaya Sanhita, the Arms Act and the IT Act. Their earlier application for regular bail was rejected, with the court directing a renewal after six months. On the second application, counsel argued that no charge had been framed, no witness examined, and the petitioners had been in custody for over nine months without criminal antecedents, violating their Article 21 right to liberty. The State opposed bail. The court held that continued pre‑trial detention would be punitive and contrary to the spirit of Article 21, and therefore granted bail subject to a cash bond and surety conditions, with a provision for cancellation on repeated non‑appearance.

Issues considered

  • Whether the petitioners are entitled to bail despite the stage of investigation and lack of charge framing under the Bharatiya Nyaya Sanhita and constitutional guarantee of personal liberty
  • Whether continued pre‑trial detention amounts to a violation of Article 21 of the Constitution

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • personal liberty
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • IT Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.4189 of 2026
                       Arising Out of PS. Case No.-379 Year-2024 Thana- GRIYAK District- Nalanda
                 ======================================================
           1.     Dharmendra Ravidas @ Dharo @ D.J. @ Dharmendra KUMAR Son of
                  Kapil Ravidas Resident of Village - Rasalpur, Police Station - Katrisarai in
                  the district of Nalanda.
           2.    Mantu Ravidas @ Mantu Kumar Son of Ramashray Ravidas Resident of
                 Village - Rasalpur, Police Station - Katrisarai in the district of Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the petitioners/s    :       Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :       Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   28-01-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with Giriak

                   P.S. Case No. 379 of 2024 instituted for the offence under

                   Sections 342(1), 316(2), 318(4), 319(2), 336(3), 338, 339,

                   340(2), 341(1), 3(5), 61(2) & 111(2)(b) of the Bharatiya Nyaya

                   Sanhita, 2023, Sections 25(1-B)a, 26 & 35 of the Arms Act and

                   Sections 66(c) & 66(D) of the I.T. Act. Earlier vide order dated

                   15-04-2025, passed in Cr. Misc. No. 8179 of 2025, regular bail

                   of the petitioners was rejected by this Court with a liberty to

                   renew the prayer after six months if the trial is not concluded.

                           3.       Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.4189 of 2026(2) dt.28-01-2026
                                            2/3




          present one is the second attempt for grant of regular bail to the

          petitioners. It is mainly submitted that charge in this case is even

          not framed and till date, no witness has been examined. It has

          been submitted on behalf of the petitioners that the petitioners

          are in custody since 03-10-2024, having no 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

          petitioners 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 petitioners.

                  5.      Considering the aforesaid facts and circumstances

          of the case, period of custody of the petitioners and taking into

          account the fact that continued detention of the petitioners

          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 petitioners.

                  6.      Let the petitioners be released on bail on furnishing
           Patna High Court CR. MISC. No.4189 of 2026(2) dt.28-01-2026
                                                       3/3




                     bail bonds of Rs. 15,000/- (Fifteen Thousand) each with two

                     sureties of the like amount each to the satisfaction of Court

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

                     379 of 2024, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioners.

                             (II) The petitioners 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 petitioners.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.