Patna High Court
Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner must be released on bail due to the inordinate delay in trial violating his fundamental right to speedy trial.
Summary
Mithun Kumar, arrested on 08‑07‑2024, remained in custody for over a year and seven months while his trial was pending. His earlier bail petition was dismissed as withdrawn, and he filed a second successive bail petition on two grounds: the trial had not concluded within six months as previously directed, and a co‑accused had already been granted bail. Counsel argued that the prolonged detention violated the petitioner’s Article 21 right to personal liberty, relying on the Supreme Court’s decision in Hussainara Khatoon. The State did not contest the factual claim of delay. The High Court, noting the inordinate delay and the precedent, ordered the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS.
Issues considered
- Whether the petitioner’s continued detention for more than a year without trial violates Article 21 of the Constitution.
- Whether the delay in trial beyond the six‑month period justifies granting bail.
- Whether the grant of bail to a similarly situated co‑accused influences the petitioner’s bail application.
Legislation cited
- BNSS — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- right to speedy trial
- Article 21
- Criminal Procedure Code
- delay in trial
- successive bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84612 of 2025
Arising Out of PS. Case No.-250 Year-2024 Thana- BIRPUR District- Supaul
======================================================
Mithun Kumar S/o Ashok Kumar Yadav @ Ashok Yadav Resident of Village-
Jirwa, Ward No. 02, P.S.- Birpur, District- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Jyoti Singh, Adv
: Mr. Arvind Kumar, Adv
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-02-2026 Present is second successive bail of petitioner after
dismissal of his prayer of bail, which was dismissed as
withdrawn through Cr. Misc. No. 13833 of 2025 dated
21.08.2025. In view of aforesaid background the present
successive petition was preferred mainly on two grounds:-
(a). Firstly, trial of the present case was not
concluded within six months as directed through Cr. Misc. No.
13833 of 2025 dated 21.08.2025, where liberty was also
granted to petitioner to renew his prayer of bail, if so advised.
(b). Secondly, similarly situated co-accused namely
Pappu Kumar @ Pappu Kr. Ram has already granted bail by
this Court through Cr. Misc. No. 18318 of 2025 dated
01.09.2025, after withdrawal of first bail prayer of petitioner.
Patna High Court CR. MISC. No.84612 of 2025(2) dt.10-02-2026
2/3
2. Learned counsel submitted that still this matter is
pending for examination of prosecution witnesses despite of
the fact as petitioner remains in custody since 08.07.2024
i.e., about one year and seven months. It is further submitted
that petitioner cannot be kept behind bar for unlimited period
in want of trial and as such slow progress of trial is violation of
fundamental right of petitioner as available under Article 21
of the Constitution of India. In support of her submission
learned counsel relied upon the legal report of Hon’ble
Supreme Court as available through Hussainara Khatoon &
Ors Vs. Home Secretary, State of Bihar, [1980 (1)
SCC 98].
3. Learned APP while opposing the prayer of bail
could not disputed aforesaid factual submission qua custody
period.
4. In view of aforesaid factual submission and by
taking note of fact as still this matter is pending for
examination of prosecution witness, where petitioner remains
in custody since 08.07.2024, accordingly petitioner above
named, is directed to be released on bail in connection with
Patna High Court CR. MISC. No.84612 of 2025(2) dt.10-02-2026
3/3
Birpur P.S. Case No. 250 of 2024 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Sessions
Judge, Supaul/concerned court, subject to the conditions as
mentioned under Section 437(3) of the Cr.P.C/ Section
480(3) of BNSS with further conditions:
(i) That petitioner shall not involve in
the similar nature of offence till the
conclusion of trial, failing which, the
State shall be at liberty to move
before the Trial Court itself for the
cancellation of bail bond of the
petitioner.
(ii) Accused/Petitioner shall
cooperate in the trial and shall be
physically present on each and every
date before the Trial Court till
conclusion of the trial and exemption
from physical appearance be allowed
by the Trial Court, only on medical
ground of the petitioner duly
supported by the documents.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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