Patna High Court
Md. Anwarul @ AnwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted regular bail to the petitioners, subject to bond and conditions, finding that further detention would be punitive and unconstitutional.
Summary
The petitioners, Md. Anwarul and Md. Pinku, were arrested in connection with offences under Sections 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023. Their earlier applications for regular bail were rejected, with the court allowing a renewal after six months. They filed a second bail petition, arguing that only three of eight witnesses had been examined and that they had been in custody since 7 October 2024, making trial completion unlikely. The State opposed the bail. The court held that continued pre‑trial detention would amount to punitive incarceration and violate Article 21 of the Constitution, and therefore granted bail on a bond of Rs. 15,000 with two sureties and conditions of appearance.
Issues considered
- Whether the continued pre‑trial detention of the accused violates the right to liberty under Article 21 of the Constitution of India.
- Whether bail should be granted in a case involving offences under Sections 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 given the status of the trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 238, 61(2)
Subjects
- bail
- pre‑trial detention
- Article 21
- criminal procedure
- Bharatiya Nyaya Sanhita
- regular bail
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86870 of 2025
Arising Out of PS. Case No.-117 Year-2024 Thana- KURSAKANTA District- Araria
======================================================
1. Md. Anwarul @ Anwar S/O Md. Rafid R/O Village- Dahuwabari, Ward
No.13, P.S- Kursakanta, Distt.- Araria.
2. Md. Pinku S/O Md. Semuddin R/O Village- Dahuwabari, Ward No.13, P.S-
Kursakanta, Distt.- Araria.
... ... petitioners/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the petitioners/s : Mr.Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr.Mohammed Arif, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Sessions Case No. 26 of 2025, arising out of Kursakanta P.S.
Case No. 117 of 2024, instituted for the offences under Sections
103(1),238, 61(2) of the Bharatiya Nyaya Sanhita, 2023.
3. Earlier vide order dated 28.04.2025 passed in
Criminal Miscellaneous No. 4532 of 2025 and Criminal
Miscellaneous No. 12817 of 2025, respectively, regular bail of
the petitioners was rejected by this Court considering the direct
involvement of the petitioners in commission of the offence,
with a liberty to renew the prayer after six months, if the trial is
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not concluded.
4. Learned counsel for the petitioners submits that the
present one is the second attempt for grant of regular bail to the
petitioners. It is mainly submitted that Charge in this case is
framed and till date and out of 08 witnesses only 03 witnesses
have been examined. It has been submitted on behalf of the
petitioners that the petitioners are in custody since 07.10.2024.
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
petitioners 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioners and taking into
account the fact that continued detention of the petitioners
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
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the petitioners.
7. Let the petitioners 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 Sessions Case No.
26 of 2025, arising out of Kursakanta P.S. Case No. 117 of
2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners 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 petitioners.
(Rudra Prakash Mishra, J)
manish/-
U T
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