Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as continued pre‑trial detention would be punitive and violate Article 21.
Summary
The petitioner, Ravi Kumar, was arrested in February 2023 for alleged murder under Section 302 of the Indian Penal Code. After being denied regular bail twice, he filed a second bail petition, arguing that only three of six charge‑sheet witnesses had been examined and that his prolonged pre‑trial detention violated his Article 21 right to liberty. The State opposed the bail, emphasizing the seriousness of the offence. The High Court noted the extended custody, lack of criminal antecedents, and the principle that pre‑trial detention should not become punitive, invoking Article 21 jurisprudence. Consequently, the Court granted bail on a bond of Rs 15,000 with two sureties and imposed conditions regarding family surety and trial attendance. The bail order was issued subject to cancellation if the petitioner defaults on two consecutive appearances.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charge of murder under Section 302 IPC.
- Whether prolonged pre‑trial detention infringes the petitioner’s right to liberty under Article 21 of the Constitution.
Legislation cited
- Constitution of India — s. Article 21
- Indian Penal Code — s. 302
Subjects
- bail
- pre‑trial detention
- Article 21
- Section 302 IPC
- murder
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5555 of 2026
Arising Out of PS. Case No.-135 Year-2023 Thana- MUZAFFARPUR TOWN District-
Muzaffarpur
======================================================
Ravi Kumar S/O Mahendra Sharma R/O Village- New Colony, Balughat,
Nala Road, Ward No.-18, PS-Town, Distt.- Muzaffarpur, Permanent Address-
Mohalla- Indrapuri Colony, Supriya Road, P.S- Town (Kali Bag O.P.), Bettiah,
Distt.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Shekhar Anand, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Session Trial Case No. 865 of 2023 arising out of Muzaffarpur
Town P.S. Case No. 135 of 2023 instituted for the offence under
Section 302 of the Indian Penal Code. Earlier vide orders dated
11.09.2023 and 07.05.2025, passed in Cr. Misc. No. 41791 of
2023 and Cr. Misc. No. 69648 of 2024, respectively, regular bail
of the petitioner was rejected by a Co-ordinate Bench of this
Court.
3. Learned counsel for the petitioner submits that the
present one is the second attempt for grant of regular bail to the
Patna High Court CR. MISC. No.5555 of 2026(2) dt.03-02-2026
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petitioner. It is mainly submitted that charge in this case is
framed and till date, only three (3) out of six (6) charge sheet
witnesses have been examined. It has been submitted on behalf
of the petitioner that the petitioner is in custody since
21.02.2023, 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 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.
4. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
5. 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 the
Constitution of India, this Court is inclined to grant bail to the
petitioner.
6. Let the petitioner be released on bail on furnishing
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3/3
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Session Trial Case
No. 865 of 2023 arising out of Muzaffarpur Town P.S. Case No.
135 of 2023, 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)
Raj Kishore/-
U T
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