Patna High Court
MD. AJMUDDINversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 152, 196, 197(1), 197(2), 223
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
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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
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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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