Patna High Court
Brajendra Singh @ Ravindra Sing @ Brajendra Kumar SinghversusThe 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 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
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
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.
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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
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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.
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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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