Patna High Court
Jitendra Ram @ Jitendra Kumar Ram @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted, subject to conditions, as continued pre‑trial detention would be punitive and contrary to Article 21.
Summary
The petitioner, Jitendra Kumar, sought regular bail in a criminal case (PS Khanpur Case No.269 of 2022) for offences under Sections 304B and 34 of the Indian Penal Code. The High Court had earlier rejected bail, allowing a fresh application after six months. On the present application, the court noted that only four of ten prosecution witnesses had been examined and the petitioner had been in custody since November 2022, with no prospect of a speedy trial. Considering the prolonged pre‑trial detention and the principle of liberty under Article 21 of the Constitution, the court found continued custody punitive. Consequently, the court granted bail with a bond of Rs 15,000 and two sureties, imposing conditions on appearance, non‑interference with evidence, and ensuring a close family member as a bailor.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 304B/34 IPC given the nature of the offence and the stage of trial.
- Whether continued pre‑trial detention violates the right to liberty under Article 21 of the Constitution of India.
Legislation cited
- Constitution of India — s. Article 21
- Indian Penal Code — s. 304B, 34
Subjects
- bail
- pre‑trial detention
- Article 21
- IPC 304B
- IPC 34
- criminal procedure
- high court
- custodial rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.586 of 2026
Arising Out of PS. Case No.-269 Year-2022 Thana- KHANPURA District- Samastipur
======================================================
Jitendra Ram @ Jitendra Kumar Ram @ Jitendra Kumar S/o Suresh Ram R/o
Village- Jahangirpur, Kothiya, P.S- Khanpur, Dist- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Kumar, Advocate
For the Opposite Party/s : Mr.Nityanand Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Khanpur P.S. Case No. 269 of 2022, instituted for the offence
under Sections 304(B)/34 of the I.P.C.
3. Earlier vide order dated 03.04.2025 passed in Cr.
Misc. No. 35496 of 2024, regular bail of the petitioner was
rejected by this Court considering the nature and gravity of the
offence with a liberty to renew the prayer after six months if the
trial is not concluded.
4. Learned counsel for the petitioner submits that
the present one is the second attempt for grant of regular bail to
the petitioner. It is mainly submitted that charge in this case is
framed and till date, only four witnesses have been examined. It
Patna High Court CR. MISC. No.586 of 2026(3) dt.18-03-2026
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has been submitted on behalf of the petitioner that the petitioner
is in custody since 09.11.2022. Learned counsel further submits
that there is no likelihood of the trial being concluded in the
near future.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. In compliance of the order dated 30.01.2026 a
report dated 26.02.2026 with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
appears that out of 10 Chargesheet witnesses, 04 witnesses,
including the informant and I.O of this Case, have already been
examined. It is further reported that 05 witnesses have been
given up by the prosecution and now only one prosecution
witness i.e. Medical Officer has not been examined by the
prosecution as yet.
7. 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.
Patna High Court CR. MISC. No.586 of 2026(3) dt.18-03-2026
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8. 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 Khanpur P.S.
Case No. 269 of 2022, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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