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Patna High Court

Niraj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.78316 of 2025(3) dt.09-01-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.78316 of 2025(3) dt.09-01-2026
                                                         3/3




                       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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