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Patna High Court

Brajendra Singh @ Ravindra Sing @ Brajendra Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, holding that continued pre‑trial detention would be punitive and violative of Article 21.

Summary

Brajendra Singh was arrested in connection with a case registered under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He has been in judicial custody since 16 October 2024, while the trial has not progressed beyond framing of charges and no prosecution witness has been examined. The petitioner filed a second bail application after an earlier denial, arguing that the prolonged pre‑trial detention violated his fundamental right to liberty under Article 21. The State opposed bail, citing the seriousness of the offences. Considering the length of custody, the early stage of the trial, and the lack of any evidentiary progress, the Court held that continued detention would be punitive and contrary to Article 21, and therefore granted bail subject to standard conditions and surety requirements.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the prolonged pre‑trial detention infringes the petitioner’s right to liberty under Article 21 of the Constitution of India.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • surety
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.79576 of 2025
                         Arising Out of PS. Case No.-369 Year-2024 Thana- EKMA District- Saran
                 ======================================================
                 Brajendra Singh @ Ravindra Sing @ Brajendra Kumar Singh Son of Late
                 Harinarayan Singh R/o Village- Galimapur, P.S.- Ekma, District- Saran at
                 Chapra



                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :       Mr. Mohammad Sufyan, APP
                 For the Informant        :       Mr. Bindhyanchal Singh, Sr. Advocate
                                                  Mr. Ram Binod singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   06-02-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                           2.      The petitioner seeks bail in connection with Ekma

                   P.S. Case No. 369 of 2024, instituted for the offences under

                   Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                           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

                   05.05.2025 passed in Cr. Misc. No. 2560 of 2025 taking into

                   account the direct allegation against the petitioner.
Patna High Court CR. MISC. No.79576 of 2025(3) dt.06-02-2026
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                  4.      In compliance of the order dated 21.11.2025, a

          report dated 09.12.2025 with regard to the present stage of trial

          has been received. From perusal of the aforesaid report, it

          appears that the charge has been framed against the petitioner on

          05.12.2025, and out of six prosecution witnesses, no any

          witness has been examined in this case. It is further reported that

          the trial is expected to be concluded within a period of twelve

          months.

                  5.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 16.10.2024

          without any rhymes or reason and has got four criminal

          antecedents. 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 and learned counsel for

          the informant have 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,

          present stage of the case and taking into account the fact that
Patna High Court CR. MISC. No.79576 of 2025(3) dt.06-02-2026
                                            3/4




          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

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Ekma P.S. Case No.

          369 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.

                        (III) The petitioner will not tamper with the evidence

          or the witnesses during the trial.

                        (IV) Petitioner shall not commit offence of similar

          nature in future.

                        (V) The petitioner shall not leave the territorial

          jurisdiction of the learned Court below without taking prior

          permission of the Court concerned.
             Patna High Court CR. MISC. No.79576 of 2025(3) dt.06-02-2026
                                                         4/4




                                  If any of the above conditions are violated, the Trial

                       Court shall be at liberty to cancel the bail bonds of the

                       petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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