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2026 DAILYLAW 24031 (PAT)

RAJESH RANJAN v. The State of Bihar

CR. MISC./48743/2026 · 2026-07-10

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48743 of 2026 Arising Out of PS. Case No.-29 Year-2025 Thana- BAGHA District- West Champaran ====================================================== RAJESH RANJAN Son of Late Narsingh Prasad Resident of Village- Bagaha Bazar, Ward No. 23, P.S.- Bagaha, District- West Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s : Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 10-07-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Bagaha P.S. Case No. 29 of 2025, instituted for the offences under Sections 316(2), 316(5), 318(4), 338, 336(3) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. 3. This is the second attempt of the petitioner for bail. The petitioner has renewed his prayer for grant of regular bail which was earlier rejected by this Court vide order dated 25.11.2025 passed in Cr. Misc. No. 69077 of 2025 taking into consideration the facts and circumstances of the case, there being direct allegation against the petitioner of embezzling the amount as per the material available in the case dairy. Patna High Court CR. MISC. No.48743 of 2026(2) dt.10-07-2026 2/3 4. Learned counsel for the petitioner submits that the petitioner is languishing in judicial custody since 23.06.2025 without any rhymes or reason and has got four criminal antecedents. Learned counsel for the petitioner next submits that the trial has neither commenced nor charge has been framed against the petitioner. It is further 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 reiterated by Hon’ble Apex Court in plethora of Judgments. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case, 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 bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court Patna High Court CR. MISC. No.48743 of 2026(2) dt.10-07-2026 3/3 below/concerned Court in connection with Bagaha P.S. Case No. 29 of 2025, 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. Rajorshi/- (Rudra Prakash Mishra, J) U T