Patna High Court
Arjun SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Indian Penal Code — s. 201, 302, 34, 363, 364, 365
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
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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
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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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