Patna High Court
Manoj Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The High Court granted bail to the petitioner, subject to monetary and procedural conditions.
Summary
Manoj Kumar Sharma was arrested in March 2023 in connection with a dowry death case (IPC Section 304B) and has been in custody for three years. The petitioner sought regular bail, arguing that no witnesses had been examined, the trial was far from conclusion, and continued detention violated his Article 21 right to liberty. The State opposed bail, citing the seriousness of the charge. The court examined a trial report indicating the case was at the prosecution evidence stage and projected a nine‑month timeline for completion. Considering the prolonged pre‑trial incarceration and the lack of necessity for further detention, the court granted bail with a cash bond of Rs. 15,000 and two sureties, imposing standard conditions to ensure trial attendance and prevent tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offence under Section 304B IPC.
- Whether continued pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution.
- Whether the stage of trial and projected duration justify granting bail.
Legislation cited
- Constitution of India — s. Article 21
- Indian Penal Code — s. 304B
Subjects
- bail
- pre‑trial detention
- Section 304B IPC
- Article 21
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6472 of 2026
Arising Out of PS. Case No.-278 Year-2023 Thana- BARACHATTI District- Gaya
======================================================
Manoj Kumar Sharma S/o- Nemchand Thakur @ Chamari Thakur Resident of
Village- Savarchak, Tola Simra, P.S.- Mohanpur, District- Gaya,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, 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
S.Tr. No. 705 of 2023, arising out of Barachatti P.S. Case No.
278 of 2023, instituted for the offence under Section 304(B) of
the Indian Penal Code.
3. Earlier vide order dated 22.01.2025 passed in Cr.
Misc. No. 68339 of 2024, regular bail of the petitioner was
rejected by this Court considering the specific allegation against
the petitioner, 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
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framed and till date, no witness has been examined. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 16.03.2023 and he has got 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.
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 09.02.2026 with regard to the present stage of trial
has been received. From perusal of the aforesaid report, it
appears that the trial is running at the stage of prosecution
evidence. It is further reported that the Court has issued bailable
warrants, execution report of bailable warrants. Summon to I.O
and Doctor were issued and a non-bailable warrant has been
issued to the witnesses on 07.02.2026. It is further reported that
the trial would be concluded within nine months.
7. Considering the aforesaid facts and
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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.
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 Barachatti P.S.
Case No. 278 of 2023, 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.
(IV) The Petitioner shall not commit offence of a
similar nature in future.
(V) The Petitioner shall not leave the territorial
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jurisdiction of the learned court below without prior permission
of the court concerned.
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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