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Patna High Court

Mithun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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 His earlier bail petition was dismissed as withdrawn, and he filed a second successive bail petition on two grounds: the trial had not concluded within six months as previously directed, and a co‑accused had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

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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