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Patna High Court

MD. AJMUDDINversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding that continued pre‑trial detention would be punitive and contrary to Article 21.

Summary

Md. Ajmuddin was arrested in connection with a case under Sections 196, 197(1), 197(2), 223 and 152 of the Bharatiya Nyaya Sanhita, 2023. An earlier application for regular bail was rejected, with the court allowing a fresh application after six months. The petitioner argued that three charge‑sheet witnesses had not yet been examined and that the trial was unlikely to conclude soon, contending that continued pre‑trial detention violated Article 21 of the Constitution. The State opposed the bail. Considering the prolonged custody since 18‑07‑2024 and the lack of progress in the trial, the court held that further detention would be punitive and contrary to the spirit of Article 21, and therefore granted bail subject to monetary and personal surety conditions and attendance requirements.

Issues considered

  • Whether the petitioner is entitled to bail despite the pending charges under the Bharatiya Nyaya Sanhita, 2023.
  • Whether continued pre‑trial detention violates the right to life and liberty under Article 21 of the Constitution.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • fundamental rights
  • criminal procedure
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88868 of 2025
                    Arising Out of PS. Case No.-109 Year-2024 Thana- MEHSI District- East Champaran
                 ======================================================
                 Md. Ajmuddin S/O- Md. Bahauddin @ Bahauddin R/V- Damodarpur, Ps-
                 Mehsi Dist- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nafisu Zzoha, Advocate
                 For the Opposite Party/s :       Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   09-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Session Trial Case No. 612 of 2025 arising out of Mehsi P.S.

                   Case No. 109 of 2024 instituted for the offence under Sections

                   196, 197(1), 197(2), 223 & 152 of the Bharatiya Nyaya Sanhita,

                   2023. Earlier vide order dated 25-04-2025, passed in Cr. Misc.

                   No. 77226 of 2025, regular bail of the petitioner was rejected by

                   this Court with a liberty to renew the prayer after six 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 three charge sheet
Patna High Court CR. MISC. No.88868 of 2025(2) dt.09-01-2026
                                            2/3




          witnesses are yet to be examined, which is evident from the

          impugned order itself. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 18-07-2024.

          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

          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
           Patna High Court CR. MISC. No.88868 of 2025(2) dt.09-01-2026
                                                       3/3




                     below/concerned Court in connection with Session Trial Case

                     No. 612 of 2025 arising out of Mehsi P.S. Case No. 109 of 2024,

                     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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