Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1914 of 2026 Arising Out of PS. Case No.-142 Year-2023 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Sonu Kumar S/O Kari Paswan Resident of Village- Harail, P.S- Mohiuddin Nagar, District- Samastipur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay K Singh, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Mohiuddin Nagar P.S. Case No. 142 of 2023, instituted for the offences under Sections 306 of the Indian Penal Code. 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 06.12.2024 passed in Cr. Misc. No. 35768 of 2024 taking into consideration the nature and gravity of the offence and specifically taking into account the fact that the trial is on the verge of its conclusion.

4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1914 of 2026(2) dt.17-01-2026 2/3 petitioner is languishing in judicial custody since 19.10.2023 without any rhymes or reason and has got one criminal antecedent in which he is on bail. It is next submitted that charge-sheet has been submitted and charge has already been framed agaisnt the petitioner. Total eight witnesses have already been examined in this case and only doctor is yet to be examined. Learned counsel for the petitioner next submits 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

Patna High Court CR. MISC. No.1914 of 2026(2) dt.17-01-2026 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mohiuddin Nagar P.S. Case No. 142 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T