Mrityunjay Kumar Singh @ Mritunjay Singh @ Mirtunjay Singh Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23657 of 2026

Arising Out of PS. Case No.-369 Year-2024 Thana- EKMA District- Saran

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Mrityunjay Kumar Singh @ Mritunjay Singh @ Mirtunjay Singh S/o Brijindra Singh @ Bajendra Singh @ Brajendra Kumar Singh R/o Village - Galimapur, P.S- Ekma, District - Saran at Chhapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s : Mr.Bhanu Pratap Singh, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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2 03-04-2026

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner seeks bail in connection with S.Tr. No. 899 of 2025, arising out of Ekma P.S. Case No. 369 of 2024, instituted for the offence under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

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Earlier, vide order dated 15.09.2025 passed in Cr. Misc. No. 53909 of 2025, regular bail of the petitioner was rejected by this Court considering the direct allegation against the petitioner with a liberty to renew the prayer after six months if the trial is not concluded.

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Learned counsel for the petitioner submits that the present one is the second attempt for grant of regular bail to the petitioner. It has been submitted on behalf of the petitioner

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Patna High Court CR. MISC. No.23657 of 2026(2) dt.03-04-2026 2/3

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that the petitioner is in custody since 09.03.2025. Learned counsel for the petitioner further submits that other co-accused has been granted bail by this Bench vide order dated 06.02.2026 passed in Cr. Misc. No. 79576 of 2025. 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.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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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.

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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

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Patna High Court CR. MISC. No.23657 of 2026(2) dt.03-04-2026 3/3

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Court below/concerned Court in connection with Ekma P.S. Case No. 369 of 2024, subject to the following conditions:

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(I) One of the bailors shall be the petitioner’s own or close member.

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(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

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(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

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In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

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(Rudra Prakash Mishra, J)

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manish/-

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U T

Mrityunjay Kumar Singh @ Mritunjay Singh @ Mirtunjay Singh v. The State of Bihar

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Mrityunjay Kumar Singh @ Mritunjay Singh @ Mirtunjay Singh v. The State of Bihar

Case brief

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