Patna High Court
Aman Tiwari @ Aman Kumar TiwariversusThe 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 violative of Article 21.
Summary
Aman Tiwari, arrested in connection with offences under Sections 191(3), 190, 118(1), 118(2), 109 and 103(1) of the Bharatiya Nyaya Sanhita, 2023, has been in judicial custody since 28 August 2024. His earlier bail applications were rejected twice, and only a charge was framed on 10 July 2025 with no further trial progress. The petitioner argued that the prolonged pre‑trial detention violated his fundamental right to life and liberty under Article 21 of the Constitution. The State and the informant opposed bail. The High Court, noting that continued detention served no purpose other than punitive pre‑trial incarceration and was antithetical to Article 21, granted bail on the condition of a Rs.15,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the charges under the Bharatiya Nyaya Sanhita, 2023.
- Whether the prolonged pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution.
- Whether the lack of trial progress justifies the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109, 118(1), 118(2), 190, 191(3)
Subjects
- bail
- pre‑trial detention
- Article 21
- Bharatiya Nyaya Sanhita
- criminal procedure
- right to liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47438 of 2026
Arising Out of PS. Case No.-205 Year-2024 Thana- JALALPUR District- Saran
======================================================
Aman Tiwari @ Aman Kumar Tiwari son of Bhim Tiwari Resident Of Village
- Mangolapur, Ps- jalalpur, Dist- Saran Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
For the Informant : Mr. Ajay Kumar Tiwary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-07-2026 Heard Mr. Brij Kishor Mishra, learned counsel for
the petitioner and Mr. Choubey Jawahar, learned APP for the
State and Mr. Ajay Kumar Tiwary, learned counsel for the
informant.
2. The petitioner seeks bail in connection with
Jalalpur P.S. Case No. 205 of 2024, instituted for the offences
under Sections 191(3), 190, 118(1), 118(2), 109 and 103(1) of
the Bharatiya Nyaya Sanhita, 2023.
3. This is the third attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier twice rejected by this Court vide order dated
02.07.2025 passed in Cr. Misc. No. 19311 of 2025 and vide
order dated 12.12.2025 passed in Cr. Misc. No. 85864 of 2025
Patna High Court CR. MISC. No.47438 of 2026(2) dt.10-07-2026
2/3
taking into consideration the facts and circumstances of the
case, statement of the injured, nature of accusation and gravity
of the offence.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 28.08.2024
without any rhymes or reason and has got no criminal
antecedent. Learned counsel for the petitioner next submits that
previously, the petitioner was granted liberty of six months to
renew his prayer before the learned Trial Court, if the trial is not
concluded within a period of six months. It is also submitted
that till date, only charge has been framed against the petitioner
on 10.07.2025 and thereafter no any progress has been made in
this case. 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 and learned counsel for
the informant have 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
Patna High Court CR. MISC. No.47438 of 2026(2) dt.10-07-2026
3/3
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.
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 Jalalpur P.S. Case
No. 205 of 2024.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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