Patna High Court
DINESH BASKIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail, holding that continued pre‑trial detention serves no purpose and infringes Article 21.
Summary
The petitioner, Dinesh Baski, was arrested in connection with a murder case (Section 302 IPC) and has been in custody since September 2023. He applied for regular bail for the second time, arguing that only one witness has been examined, the charge is framed, and the trial is unlikely to conclude soon, violating his Article 21 right to liberty. The State opposed the bail, citing the seriousness of the offence. The High Court considered the prolonged pre‑trial detention as punitive and contrary to the spirit of Article 21, and therefore granted bail. The court ordered release on a bail bond of Rs. 15,000 with two sureties, subject to conditions of family surety and regular appearance in court.
Issues considered
- Whether the petitioner is entitled to bail despite the charge of murder under Section 302 IPC
- Whether continued pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution
- Whether the progress of the trial (only one witness examined) justifies granting bail
Legislation cited
- Constitution of India — s. Article 21
- Indian Penal Code — s. 302
Subjects
- bail
- pre‑trial detention
- Article 21
- Section 302 IPC
- murder
- fundamental rights
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84140 of 2025
Arising Out of PS. Case No.-302 Year-2023 Thana- BARHARA KOTHI District- Purnia
======================================================
Dinesh Baski S/O Baburam Baski @ Basbulal Baski R/O Vill.- Harirahi
mistri tola, P.S.- Barhara, Dist.- Purnia, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nishant Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Session Trial Case No. 113 of 2024 arising out of Barhara Kothi
P.S. Case No. 302 of 2023 instituted for the offence under
Section 302 of the Indian Penal Code. Earlier vide order dated
03.12.2024, passed in Cr. Misc. No. 46647 of 2024, regular bail
of the petitioner was rejected by this Court with a liberty to
renew the prayer after nine 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 charge in this case is
framed and till date, only one witness has been examined. It has
Patna High Court CR. MISC. No.84140 of 2025(3) dt.09-02-2026
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been submitted on behalf of the petitioner that the petitioner is
in custody since 12.09.2023, having no criminal antecedent.
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
below/concerned Court in connection with Session Trial Case
Patna High Court CR. MISC. No.84140 of 2025(3) dt.09-02-2026
3/3
No. 113 of 2024 arising out of Barhara Kothi P.S. Case No. 302
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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