Patna High Court
Surendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to bond and surety conditions.
Summary
Surendra Rai was arrested on 29-08-2023 in connection with a case under Sections 304B, 201 and 34 of the Indian Penal Code. The petitioner sought regular bail, arguing that the trial had not concluded, ten of eleven witnesses had been examined, and continued detention violated his fundamental right to liberty under Article 21. The State opposed the bail. The High Court noted that prolonged pre‑trial incarceration served no purpose other than punitive detention and was contrary to the spirit of Article 21. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties, imposing conditions that a family member be a bailor and that the petitioner appear at every trial date.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under Sections 304B, 201 and 34 IPC.
- Whether continued pre‑trial detention infringes the petitioner’s right to liberty under Article 21 of the Constitution.
- Whether the progress of the trial justifies the grant of bail.
Legislation cited
- Indian Penal Code — s. 201, 304B, 34
Subjects
- bail
- pre‑trial detention
- Article 21
- IPC
- dowry death
- criminal procedure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78543 of 2025
Arising Out of PS. Case No.-7 Year-2023 Thana- TARIYANI CHAPRA PS District- Sheohar
======================================================
Surendra Rai Son of Nantun @ Sri Nantun Rai R/o Village - Kumhrar, P.S. -
Tariyani Chapra, District - Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Ranjan, Advocate
For the Opposite Party/s : Mr. Anish Chandra, 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
Tariyani Chhapra P.S. Case No. 07 of 2023 instituted for the
offence under Sections 304B, 201 & 34 of the Indian Penal.
Earlier vide order dated 21-02-2025, passed in Cr. Misc. No.
67432 of 2024, regular bail of the petitioner was rejected by this
Court.
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 trial has not concluded till
date. It has been submitted on behalf of the petitioner that the
petitioner is in custody since 29-08-2023. Learned counsel
Patna High Court CR. MISC. No.78543 of 2025(3) dt.09-01-2026
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Tariyani Chhapra P.S. Case No. 07 of 2023 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. Earlier vide order dated 14.11.2025, a report was
called for from the court below and vide report dated
20.11.2025, it is reported that ten out of eleven witnesses have
been examined in this case.
6. 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.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
Patna High Court CR. MISC. No.78543 of 2025(3) dt.09-01-2026
3/3
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Tariyani Chhapra
P.S. Case No. 07 of 2023, 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)
Raj Kishore/-
U T
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