Patna High Court
Kundan kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner, subject to bond and surety conditions.
Summary
Kundan Kumar was arrested on charges under Sections 103, 238, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He has been in custody since 16 July 2024, with only five witnesses examined and the trial far from conclusion. The petitioner, having no prior criminal record, sought regular bail for the third time after two earlier rejections, arguing that continued pre‑trial detention violated his Article 21 right to liberty. The State opposed the bail. The Court, noting the prolonged detention, lack of trial progress and the punitive nature of continued incarceration, granted bail subject to a cash bond and surety conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences charged under the Bharatiya Nyaya Sanhita, 2023
- Whether the length of pre‑trial detention and the slow progress of the trial violate the petitioner’s Article 21 right to liberty
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 238, 3(5), 61(2)
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- criminal procedure
- Bharatiya Nyaya Sanhita
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9873 of 2026
Arising Out of PS. Case No.-143 Year-2024 Thana- SARMERA District- Nalanda
======================================================
Kundan kumar S/O Dinesh Das R/O Village- Jagdishpur, P.S- Jairampur,
District- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Session Trial Case No. 55 of 2025 arising out of Sarmera P.S.
Case No. 143 of 2024 instituted for the offence under Sections
103, 238, 61(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Earlier vide orders dated 19.02.2025 & 04.07.202 passed in Cr.
Misc. No. 82562 of 2024 & Cr. Misc. No. 44721 of 2025,
regular bail of the petitioner was twice 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 third attempt for grant of regular bail to the
Patna High Court CR. MISC. No.9873 of 2026(2) dt.13-02-2026
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petitioner. It is mainly submitted that charge in this case is
framed and till date, only five (5) witnesses have been
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 16.07.2024, having no criminal antecedent.
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
Patna High Court CR. MISC. No.9873 of 2026(2) dt.13-02-2026
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bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Session Trial Case
No. 55 of 2025 arising out of Sarmera P.S. Case No. 143 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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