Regular Bail Granted on the Principle of Parity for Offences Under Bharatiya Nyaya Sanhita

The applicant, Maikulal Netam, along with co-accused Dashrath Manjhi, was arrested in connection with Crime No. 69/2025 registered at Police Station Bagbahra.

The prosecution alleged that on February 16, 2025, the accused persons acted in a pre-planned manner with common intention to kill the victim, Hem Sagar Yadav, by running him over with a motorcycle driven by the co-accused, resulting in the victim entering a comatose state.

The applicant sought regular bail on the grounds of parity with co-accused Dashrath Manjhi, who was granted bail on February 2, 2026, and the fact that he has been in custody since June 15, 2025, with no prior criminal record.

The State opposed the bail but admitted that identically situated co-accused persons had been granted bail.

Whether the applicant is entitled to regular bail under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, based on the principle of parity and the duration of his detention.

The Court applied Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, corresponding to the grant of bail.

The substantive offences charged were under Sections 281 (Rash driving), 109 (Attempt to murder), 125B (Acts endangering life or personal safety), 238 (Causing disappearance of evidence), and 3(5) (Common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023.

Principles of parity in bail jurisprudence and the judicial discretion to grant bail when the conclusion of a trial is likely to be delayed.

The Court evaluated the gravity of the allegations alongside several mitigating factors and observed that the applicant had no previous criminal history and had already been incarcerated for over a year (since June 2025).

Crucially, the Court noted that a similarly situated co-accused, Dashrath Manjhi, had already been granted bail by the same Court in MCRC No. 1108/2026.

Given that a charge-sheet had already been filed and the trial was expected to take a considerable amount of time, the Court determined that continued detention was not warranted, provided the applicant complied with strict conditions to ensure his presence during the trial.

The grant of bail is subject to specific conditions: the applicant must not seek unnecessary adjournments, must appear personally on all fixed dates (including charge framing and Section 351 BNSS statements), and is warned that any misuse of liberty or failure to appear will result in proceedings under Sections 209 and 269 of the BNS.