Patna High Court
Dabloo loharversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that the prolonged pre‑trial detention was antithetical to Article 21 and therefore granted bail to the petitioner.
Summary
Dabloo Lohar was arrested in connection with a murder case (IPC Sections 302/34) and an offence under Section 27 of the Arms Act. He had been in custody since December 2023, and the trial had examined only four of ten charge‑sheeted witnesses, indicating a prolonged pre‑trial period. The petitioner argued that continued detention violated his fundamental right to liberty under Article 21 of the Constitution. The State opposed bail, citing the seriousness of the offences. The High Court held that the prolonged detention served no purpose other than punitive pre‑trial incarceration and thus infringed Article 21, and consequently granted bail subject to monetary and personal surety conditions and compliance with procedural directives.
Issues considered
- Does continued pre‑trial detention of the accused violate Article 21 of the Constitution?
- Should bail be granted in a case involving murder (IPC 302/34) and an Arms Act offence?
- Does the limited progress of the trial (few witnesses examined) justify granting bail?
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- pre‑trial detention
- Article 21
- murder
- Arms Act
- criminal procedure
- fundamental rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74447 of 2025
Arising Out of PS. Case No.-1534 Year-2023 Thana- DANAPUR District- Patna
======================================================
Dabloo lohar S/O Late Ramswaroop Mistri R/O Digha, Bans Kothi, Gate no.-
93, P.S- Digha,Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Kumar, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Danapur P.S. Case No. 1534 of 2023, S.T. No. 856 of 2024
instituted for the offence under Sections 302/34 of the Indian
Penal Code and Section 27 of the Arms Act.
3. Earlier vide order dated 03.12.2024 passed in Cr.
Misc. No. 64570 of 2024, regular bail of the petitioner was
rejected by this Court considering the complicity of the
petitioner in the alleged occurrence.
3. 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, only four witnesses have been examined
out of ten charge-sheeted witnesses, which is evident from the
stage report dated 14.11.2025 sent by the learned court below. It
has been submitted on behalf of the petitioner that the petitioner
is in custody since 09.12.2023 . 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
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
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sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Danapur P.S. Case
No. 1534 of 2023, S.T. No. 856 of 2024, 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 prosecution will have liberty to move for
cancellation of bail.
(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
If any of the above conditions are violated, the
prosecution will have liberty to file appropriate application for
cancellation of bail of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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