IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38697 of 2025 Arising Out of PS. Case No.-10 Year-2024 Thana- KHAGAUL District- Patna ====================================================== Shambhu Chaudhary @ Bhola Chaudhary S/o Late Rajendra chaudhary @ Rajenora choudhary Resident of Quarter No. 501/D Neora Colony Road No. 17, P.S.- Khagaul, District- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Ranjan, Advocate For the Opposite Party/s : Mr. Nityanand Tiwari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 29-08-2025 Heard Mr. Shashi Ranjan, learned counsel for the petitioner and Mr. Nityanand Tiwari, learned APP for the State. 2. The petitioner seeks bail in connection with Khagaul P.S. Case No. 10 of 2024 instituted for the offences under Sections 304/34 of the Indian Penal Code. 3. Earlier, vide order dated 31.07.2024 passed in Cr. Misc. No. 40455 of 2024 the prayer for grant of bail to the petitioner was rejected. 4. Learned counsel for the petitioner mainly submitted that the petitioner has been languishing in jail since 13.01.2024, and there is no significant progress in the trial and there is no likelihood of conclusion of trial in near future and therefore, petitioner may be released on bail. Learned counsel further Patna High Court CR. MISC. No.38697 of 2025(4) dt.29-08-2025 2/3 submitted 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. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. 6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7. As per the report dated 11.08.2025 sent by the learned court below, there are altogether eight witnesses and out of them, one has been examined and rest witnesses are yet to be examined. It is further reported that bailable warrant and non- bailable warrant have also been issued to procure the appearance of the rest of the witnesses. 8. Having considered the submissions made on behalf of the parties, the period of custody undergone by 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 Patna High Court CR. MISC. No.38697 of 2025(4) dt.29-08-2025 3/3 bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khagaul P.S. Case No. 10 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. (III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. Alok Verma/- (Rudra Prakash Mishra, J) U T