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Patna High Court

Mukesh Kumar @ Mukesh Yadav @ Guddu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that continued pre‑trial detention of the petitioner would be punitive and contrary to Article 21, and therefore bail must be granted subject to prescribed conditions.

Summary

Mukesh Kumar was arrested in connection with a case registered under Sections 365, 364, 302, 201 and 120B of the Indian Penal Code. He applied for regular bail for the third time after earlier refusals, arguing that he had been in judicial custody since May 2024 without any criminal antecedent and that the trial had examined only three witnesses. The State opposed the bail, citing the seriousness of the offences. The Court considered that prolonged pre‑trial detention served no purpose and infringed the petitioner’s right to liberty under Article 21 of the Constitution. Consequently, the Court granted bail on a bond of Rs 15,000 with two sureties, subject to conditions regarding family surety, appearance, non‑re‑offending and territorial restrictions. The bail order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of offences under IPC Sections 365, 364, 302, 201 and 120B.
  • Whether continued pre‑trial detention violates the fundamental right to liberty under Article 21 of the Constitution of India.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • Indian Penal Code
  • criminal procedure
  • fundamental rights

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.5691 of 2026
                       Arising Out of PS. Case No.-354 Year-2023 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Mukesh Kumar @ Mukesh Yadav @ Guddu Yadav S/o Damodar Yadav R/o
                 vill - Ghasko Tand, P.S.- Garhi, Distt.- Jamui, at present Vill - Chatkari Tola,
                 Tara Tand, P.s.- Rajauli, Distt.- Nawada
                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ramakant Sharma, Sr. Advocate
                                                  Mr. Mayank Raj, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   29-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                            2.      The petitioner seeks bail in connection with Rajauli

                   P.S. Case No. 354 of 2023, instituted for the offences under

                   Sections 365 of the Indian Penal Code and later on Sections

                   364, 302, 201 and 120B of the Indian Penal Code have been

                   added.

                            3.      This is the third attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which were earlier rejected by this Court vide order dated

                   20.12.2024 and 19.09.2025 passed in Cr. Misc. Nos. 69336 of

                   2024 and Cr. Misc. No. 52956 of 2025 taking into consideration

                   the seriousness of the case.
Patna High Court CR. MISC. No.5691 of 2026(2) dt.29-01-2026
                                            2/3




                  4.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 23.05.2024

          without any rhymes or reason and has got no criminal

          antecedent. Learned counsel for the petitioner also submitted

          that the trial is in progress and only three witnesses have been

          examined in this case. Learned counsel for the petitioner next

          submits 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
             Patna High Court CR. MISC. No.5691 of 2026(2) dt.29-01-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of Court

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

                       354 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.

                                (III) If the petitioner is found involved in similar nature

                       of offence in future, the Trial Court will have the liberty to

                       cancel the bail bonds of the petitioner.

                                (IV) The petitioner will not leave the territorial

                       jurisdiction of the Court below without its prior permission for

                       the same.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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