Patna High Court
Kumod Kumar Sah @ Ganga Sah @ Gunjan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that continued pre‑trial detention serves no purpose and infringes Article 21, and therefore granted bail to the petitioner.
Summary
Kumod Kumar Sah was arrested in connection with a case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and has been in custody since 1 April 2025. A prior application for regular bail was rejected, and this was the second attempt for bail. The petitioner’s counsel argued that only one of the twelve prosecution witnesses had been examined and that the trial was unlikely to conclude soon, making continued detention a violation of Article 21. The State opposed bail, but the court noted that the trial was expected to finish within six months and that further pre‑trial incarceration would be punitive. Accordingly, the court granted bail on a bond of Rs. 15,000 with two sureties and imposed standard conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita.
- Whether the prolonged pre‑trial detention violates the right to liberty under Article 21 of the Constitution.
- Whether the limited examination of prosecution witnesses and the anticipated trial timeline justify granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- pre‑trial detention
- Article 21
- criminal procedure
- Bharatiya Nyaya Sanhita
- witness examination
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8485 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- SARSI District- Purnia
======================================================
Kumod Kumar Sah @ Ganga Sah @ Gunjan Sah S/o Late Ramphal Sah @
Rajkal Sah R/o Village - Budhiya, P.S - Sarsi, District - Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.N.K. Agrawal, Advocate
Mr.Bidhu Ranjan, Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr.Nityanand Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The petitioner seeks bail in connection with Sarsi P.S.
Case No. 65 of 2025, instituted for the offence under Sections
103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Earlier vide order dated 24.07.2025 passed in Cr.
Misc. No. 45620 of 2025, regular bail of the petitioner was
rejected by this Court considering the direct allegation against
the petitioner.
4. 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 prosecution witness has been
Patna High Court CR. MISC. No.8485 of 2026(3) dt.18-03-2026
2/3
examined in this case. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 01.04.2025.
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.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. In compliance of the order dated 04.02.2026, a report
dated 25.02.2026 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
that out of 12, chargesheet witnesses only 01 witness has been
examined in this case. It is further reported that the trial is
expected to be concluded within six months.
7. 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
Patna High Court CR. MISC. No.8485 of 2026(3) dt.18-03-2026
3/3
Constitution of India, this Court is inclined to grant bail to the
petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sarsi P.S. Case No.
65 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…