Patna High Court
Anshu Kumar @ Khikari @ KhilariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners, holding that continued pre‑trial detention would be punitive and violative of Article 21.
Summary
Anshu Kumar and Dinesh Kumar were charged under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, in Pasraha P.S. Case No. 60 of 2025. Their earlier application for regular bail was rejected, and they have been in custody since April 2025 with no witnesses examined and no prospect of a speedy trial. The petitioners argued that continued pre‑trial detention violated their fundamental right to liberty under Article 21 of the Constitution. The State opposed the bail. Considering the prolonged custody, lack of trial progress, and the punitive nature of further detention, the Court granted bail subject to a bond of Rs. 15,000 with two sureties and conditions of appearance.
Issues considered
- Whether the petitioners are entitled to regular bail under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 in view of prolonged pre‑trial detention.
- Whether continued detention infringes the petitioners' right to liberty under Article 21 of the Constitution.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6)
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 309(6)
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9587 of 2026
Arising Out of PS. Case No.-60 Year-2025 Thana- PASRAHA District- Khagaria
======================================================
1. Anshu Kumar @ Khikari @ Khilari S/o Ramjit Singh @ Ranjit Singh R/o
Village_ Dharmpur Banni, PS.- Maheshkhunt, Distt.- Khagaria
2. Dinesh Kumar @ Fudo S/o Bhogi Sah @ Bhogendra Sah R/o Village_
Dharmpur Banni, PS.- Maheshkhunt, Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with
Pasraha P.S. Case No. 60 of 2025, G.R. No. 811 of 2025
instituted for the offence under Sections 309(6) of the Bharatiya
Nyaya Sanhita, 2023.
3. Earlier vide order dated 09.10.2025 passed in Cr.
Misc. No. 47091 of 2025, regular bail of the petitioners was
rejected by this Court on merit.
3. Learned counsel for the petitioners submitted 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 has
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been framed on 22.05.2025 but none of the witnesses has been
examined till date. It has been submitted on behalf of the
petitioners that the petitioner no. 1 is custody since 10.04.2025
and petitioner no. 2 is in custody since 14.04.2025. 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.
4. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
5. 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 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
petitioners.
6. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
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two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Pasraha P.S. Case
No. 60 of 2025, G.R. No. 811 of 2025, 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)
Alok Verma/-
U T
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