Patna High Court
Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, holding that continued pre‑trial detention would violate Article 21 and that the petitioner’s circumstances warranted release.
Summary
Niraj Kumar was arrested in September 2024 in connection with offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He applied for regular bail for the second time after an earlier denial, arguing that his prolonged pre‑trial custody violated his fundamental right to liberty under Article 21. The State opposed the bail, citing the seriousness of the charges. The court noted the petitioner’s lack of prior criminal record, the length of his detention, and the principle that pre‑trial incarceration should not be punitive. Consequently, the court granted bail on a cash bond of Rs. 15,000 with two sureties and imposed conditions regarding family surety and mandatory appearance in court.
Issues considered
- Whether bail should be granted in a case involving multiple serious offences under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether continued pre‑trial detention of the petitioner infringes Article 21 of the Constitution.
- Whether the conditions imposed for bail are appropriate and sufficient.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 109(1), 126(2), 190, 191(3), 3(5)
Subjects
- bail
- pre‑trial detention
- Article 21
- Bharatiya Nyaya Sanhita
- Arms Act
- fundamental rights
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78316 of 2025
Arising Out of PS. Case No.-268 Year-2024 Thana- NAUGACHIA District- Bhagalpur
======================================================
Niraj Kumar S/o Dayanand Mandal Resident of Village- Laxmipur Pakra, PS-
Naugachia, Distt.- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amrendra Kumar, Advocate
For the Opposite Party/s : Mr. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Naugachia P.S. Case No. 268 of 2024, instituted for the offences
under Sections 190, 191(3), 126(2), 103(1), 109(1), 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
23.04.2025 passed in Cr. Misc. No. 4390 of 2025 taking into
consideration the nature and gravity of the offence.
4. In compliance of the order dated 13.11.2025, a
report dated 08.12.2025 with regard to the present stage of trial
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has been received. From perusal of the aforesaid report, it
appears that the case is at the stage of appearance of accused
persons.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 06.09.2024
without any rhymes or reason and has got no criminal
antecedent. 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.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of
the case, the period of custody undergone by the petitioner,
having no criminal antecedent 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
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sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Naugachia P.S. Case
No. 268 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 Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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