Created by Fuzzy Cloud

Patna High Court

Krishna RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.