Patna High Court
Golden Das @ Golden Kr. DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that continued pre‑trial detention would be punitive and violative of Article 21, and therefore granted bail subject to conditions.
Summary
Golden Das, the petitioner, sought regular bail in a case involving multiple serious offences under the Indian Penal Code, after being in custody since January 2025. An earlier bail application was rejected, but the petitioner argued that the trial was not yet concluded and continued detention violated his fundamental right to liberty under Article 21. The State opposed the bail, emphasizing the gravity of the charges. The court considered the length of custody, the pending trial, and the principle that pre‑trial detention should not be punitive. Concluding that further detention would serve no purpose other than punishment, the court granted bail with a cash bond and surety conditions, including family surety and mandatory appearance at trial dates. The bail order was subject to cancellation if the petitioner defaults on two consecutive appearances.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences charged under the IPC.
- Whether continued pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution of India.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 188, 307, 323, 324, 325, 332, 333, 337, 338, 353, 427, 504, 506
Subjects
- bail
- pre‑trial detention
- Article 21
- Indian Penal Code
- serious offences
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82750 of 2025
Arising Out of PS. Case No.-709 Year-2023 Thana- GAURICHAK District- Patna
======================================================
Golden Das @ Golden Kr. Das Son of Late Nand Lal Das R/o Mohalla- Das
Mohalla, Ward No. 3, P.S.- Nabinagar, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deovind Kumar Singh, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, A.P.P.
======================================================
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
Gaurichak P.S. Case No. 709 of 2023, instituted for the offences
under Sections 147, 148, 149, 188, 307, 323, 324, 325, 332,
333, 337, 338, 353, 427, 504 and 506 of the Indian Penal Code.
3. Earlier vide order dated 30.06.2025 passed in
Criminal Miscellaneous No. 41705 of 2025, regular bail of the
petitioner was rejected by this Court considering the criminal
antecedents and nature of accusation and the gravity of the
offence, with a liberty to renew the prayer after four months, if
the trial is not concluded.
4. Learned counsel for the petitioner submits that the
present one is the second attempt for grant of regular bail to the
Patna High Court CR. MISC. No.82750 of 2025(3) dt.09-01-2026
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petitioner. It is mainly submitted that Charge in this case is
framed. It has been submitted on behalf of the petitioner that the
petitioner is in custody since 02.01.2025. Learned counsel
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.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
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/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.82750 of 2025(3) dt.09-01-2026
3/3
below/concerned Court in connection with Gaurichak P.S. Case
No. 709 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)
manish/-
U T
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