Created by Fuzzy Cloud

Patna High Court

Kundan kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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


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.