Patna High Court
Arjun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail, holding that continued pre‑trial detention would be punitive and contrary to the spirit of Article 21.
Summary
Arjun Kumar was arrested in connection with Excise P.S. Case No. 164 of 2025 for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act. He had been in judicial custody since 23 April 2025 and had previously applied for bail, which was denied on 20 November 2025. The petitioner argued that his continued detention, despite the trial being at the final argument stage, violated his fundamental right to liberty under Article 21. The State opposed the bail on the ground of the petitioner’s five prior criminal antecedents. The High Court, considering the length of pre‑trial detention, the imminent conclusion of the trial, and the punitive nature of continued custody, held that bail should be granted. Accordingly, the court ordered his release on bail of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner’s continued pre‑trial detention violates Article 21 of the Constitution of India.
- Whether bail should be granted despite the petitioner’s prior criminal antecedents and the nature of the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedents
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47214 of 2026
Arising Out of PS. Case No.-164 Year-2025 Thana- Excise P.S. District- Saharsa
======================================================
Arjun Kumar Son of Madho Das @ Magho Das Resident of Village- Sarahi,
Ward No. 05/40, P.S.- Sadar (Saharsa), District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Excise
P.S. Case No. 164 of 2025, instituted for the offences under
Section 30(a) of Bihar Prohibition and Excise Act.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
20.11.2025 passed in Cr. Misc. No. 58857 of 2025 taking into
consideration the facts and circumstances as well as the stage of
the case.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 23.04.2025
Patna High Court CR. MISC. No.47214 of 2026(2) dt.10-07-2026
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without any rhymes or reason and has got five criminal
antecedents. Learned counsel for the petitioner next submits that
previously, liberty of four months was granted to the petitioner
to renew his prayer before the learned Trial Court, if the trial is
not concluded within a period of four months. It is also
submitted that vide order dated 22.04.2026 of the learned Trial
Court, it transpires that the present case is on final argument and
the same is about to conclude within few dates, but till date the
matter has not been concluded. It is further submitted 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
reiterated by Hon’ble Apex Court in plethora of Judgments.
5. Learned APP 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, the period of custody undergone by 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.
Patna High Court CR. MISC. No.47214 of 2026(2) dt.10-07-2026
3/3
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 Excise P.S. Case No.
164 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
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