Patna High Court
Ravi Giri @ Ravi Prakash GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner, subject to specified conditions.
Summary
Ravi Giri was arrested in connection with a case under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and has been in custody since 21‑04‑2025. An earlier application for regular bail was rejected. The petitioner’s counsel argued that the trial had made no significant progress, that the petitioner has no prior criminal record, and that continued pre‑trial detention violates Article 21 of the Constitution. The State opposed the bail. The High Court, noting the prolonged detention and lack of trial progress, held that continued incarceration would be punitive and contrary to the spirit of Article 21, and therefore granted bail subject to monetary surety and appearance conditions.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the nature of the charges and the duration of pre‑trial detention?
- Does the continued detention of the petitioner infringe the fundamental right to life and liberty under Article 21 of the Constitution?
- Is the lack of progress in the trial sufficient grounds to order bail?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 76
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- Bharatiya Nyaya Sanhita
- criminal procedure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77997 of 2025
Arising Out of PS. Case No.-124 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
Ravi Giri @ Ravi Prakash Giri Son of Sri Arun Giri Resident of village -
Korigama, P.S.- Baheri, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swatantra Saurabh, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 06-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Baheri
P.S. Case No. 124 of 2025 instituted for the offence under
Sections 126(2), 115(2), 118(1), 109(1), 76, 303(2), 351(2) &
3(5) of the Bharatiya Nyaya Sanhita, 2023. Earlier vide order
dated 29-07-2025, passed in Cr. Misc. No. 46455 of 2025,
regular bail of the petitioner was rejected by this Court, taking
into account the specific allegation against the petitioner.
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 there is no significant
progress in the trial. It has been submitted on behalf of the
Patna High Court CR. MISC. No.77997 of 2025(3) dt.06-02-2026
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petitioner that the petitioner is in custody since 21-04-2025,
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
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 Baheri P.S. Case No.
124 of 2025, subject to the following conditions:
Patna High Court CR. MISC. No.77997 of 2025(3) dt.06-02-2026
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(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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