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Patna High Court

Arjun SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to monetary and personal surety conditions.

Summary

Arjun Singh was arrested in August 2023 and charged under Sections 363, 364, 365, 302, 201 and 34 of the Indian Penal Code. After a prior regular bail application was rejected, he filed a second bail petition, arguing that ten prosecution witnesses had already been examined and the trial was far from conclusion, resulting in an unlawful deprivation of his liberty under Article 21. The State opposed the bail. The Court noted the prolonged pre‑trial custody, the lack of any purpose served by continued detention, and the constitutional guarantee of personal liberty. Consequently, the Court granted bail on a cash bond of Rs. 15,000 with two sureties, imposing conditions that one bailor be a close family member and that the petitioner appear at every trial date, with cancellation possible after two consecutive defaults. The bail order was issued subject to these conditions.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious offences alleged under the IPC.
  • Whether continued pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • Indian Penal Code
  • criminal procedure
  • right to liberty
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83804 of 2025
                      Arising Out of PS. Case No.-79 Year-2023 Thana- TANDWA District- Aurangabad
                 ======================================================
                 Arjun Singh S/o Late Bikrama Singh Resident of Village- Saya, P.S.-
                 Nabinagar, Dist-Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Bharat Bhushan, 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

                   Session Trial Case No. 733/2023/102/2024 arising out of

                   Tandwa P.S. Case No. 79 of 2023 instituted for the offence

                   under Sections 363, 364, 365, 302, 201 & 34 of the Indian

                   Penal. Earlier vide order dated 20-08-2025, passed in Cr. Misc.

                   No. 36838 of 2025, regular bail of the petitioner was rejected by

                   this Court with a liberty to renew the prayer after two months if

                   the trial is not concluded.

                           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 ten prosecution witnesses
Patna High Court CR. MISC. No.83804 of 2025(3) dt.09-01-2026
                                            2/3




          have been examined in this case, which is evident from the

          impugned order itself. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 02-08-2023.

          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.

                  4.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  5.      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.

                  6.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of Court
           Patna High Court CR. MISC. No.83804 of 2025(3) dt.09-01-2026
                                                       3/3




                     below/concerned Court in connection with Session Trial Case

                     No. 733/2023/102/2024 arising out of Tandwa P.S. Case No. 79

                     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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