Patna High Court
Krishna RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, subject to a cash bond and sureties, on the ground that continued pre‑trial detention would be punitive and violative of Article 21.
Summary
Krishna Rai was arrested in November 2022 in connection with a case involving offences under IPC sections 147, 148, 149, 341, 323, 307, 302 and Section 27 of the Arms Act. An earlier application for regular bail was rejected by the High Court in June 2023. The petitioner filed a second bail application, arguing that only five of seven charge‑sheet witnesses had been examined and that his continued pre‑trial detention violated his fundamental right to liberty under Article 21. The State opposed the bail, citing the seriousness of the charges. The Court, noting the prolonged custody and lack of progress in the trial, held that continued detention would be punitive and contrary to Article 21, and therefore granted bail subject to a cash bond of Rs.15,000 and two sureties, with conditions regarding appearance in court.
Issues considered
- What is the appropriate exercise of discretion in granting bail for a petitioner charged with multiple serious offences?
- Does the prolonged pre‑trial detention of the petitioner infringe the right to liberty guaranteed under Article 21 of the Constitution?
- Should the nature of the offences and the stage of trial preclude the grant of regular bail?
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 341
Subjects
- bail
- pre‑trial detention
- Article 21
- IPC offences
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89388 of 2025
Arising Out of PS. Case No.-313 Year-2022 Thana- BIHIA District- Bhojpur
======================================================
Krishna Rai S/o Hira Lal Rai R/o Village- Sunderpur Barja, PS- Bihiyan,
District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bibhakar Tiwary, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Sessions Trial No. 379 of 2024, arising out of Bihiyan P.S. Case
No. 313 of 2022 instituted for the offence under Sections 147,
148, 149, 341, 323, 307, 302 of the Indian Penal Code and
Section 27 of the Arms Act.
3. Earlier vide order dated 27.06.2023 passed in Cr.
Misc. No. 25280 of 2023, regular bail of the petitioner was
rejected by this Court considering the nature of allegation.
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
Patna High Court CR. MISC. No.89388 of 2025(2) dt.16-01-2026
2/3
framed and till date, only five witnesses have been been
examined in this case out of total seven charge-sheeted
witnesses. It has been submitted on behalf of the petitioner that
the petitioner is in custody since 16.11.2022. Learned counsel
further submitted 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. 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.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
Patna High Court CR. MISC. No.89388 of 2025(2) dt.16-01-2026
3/3
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sessions Trial No.
379 of 2024, arising out of Bihiyan P.S. Case No. 313 of 2022,
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)
Alok Verma/-
U T
Checking your session…