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Patna High Court

Anshu Kumar @ Khikari @ KhilariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.9587 of 2026(2) dt.06-02-2026
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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
           Patna High Court CR. MISC. No.9587 of 2026(2) dt.06-02-2026
                                                       3/3




                     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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