Patna High Court
RAJESH RANJANversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted, subject to bond and conditions, as continued detention would be punitive and contrary to Article 21.
Summary
Petitioner Rajesh Ranjan was arrested in connection with offences under Sections 316(2), 316(5), 318(4), 338, 336(3) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and has been in judicial custody since 23 June 2025 without trial or framing of charges. He filed a second bail application after an earlier denial, arguing that continued pre‑trial detention violated his fundamental right to liberty under Article 21. The State opposed bail, citing the seriousness of the alleged offences and the petitioner’s four prior criminal antecedents. The Court examined the length of custody, the absence of trial proceedings, and the principle that pre‑trial detention should not become punitive. Finding that continued detention served no purpose other than punishment and was contrary to Article 21, the Court granted bail on a bond of Rs. 15,000 with two sureties and imposed conditions regarding family surety and appearance in court.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences and his prior criminal antecedents
- Whether continued pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 316(5), 318(4), 336(3), 338, 61(2)
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- Bharatiya Nyaya Sanhita
- criminal procedure
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48743 of 2026
Arising Out of PS. Case No.-29 Year-2025 Thana- BAGHA District- West Champaran
======================================================
RAJESH RANJAN Son of Late Narsingh Prasad Resident of Village- Bagaha
Bazar, Ward No. 23, P.S.- Bagaha, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, 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 Bagaha
P.S. Case No. 29 of 2025, instituted for the offences under
Sections 316(2), 316(5), 318(4), 338, 336(3) and 61(2) of the
Bharatiya Nyaya Sanhita, 2023.
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
25.11.2025 passed in Cr. Misc. No. 69077 of 2025 taking into
consideration the facts and circumstances of the case, there
being direct allegation against the petitioner of embezzling the
amount as per the material available in the case dairy.
Patna High Court CR. MISC. No.48743 of 2026(2) dt.10-07-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 23.06.2025
without any rhymes or reason and has got four criminal
antecedents. Learned counsel for the petitioner next submits that
the trial has neither commenced nor charge has been framed
against the petitioner. 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.
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
Patna High Court CR. MISC. No.48743 of 2026(2) dt.10-07-2026
3/3
below/concerned Court in connection with Bagaha P.S. Case
No. 29 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner 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 petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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