Patna High Court
Tiger Yadav @ Taigar Yadav @ Tiger YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed and the order denying bail is set aside, with bail granted to the appellant subject to conditions.
Summary
Tiger Yadav was arrested in connection with a case filed under several sections of the Bharatiya Nyaya Sanhita, 2023 and the SC/ST Act and has been in custody since 12 January 2025 without any trial progress. The appellant sought regular bail, arguing that continued pre‑trial detention violated his fundamental right to life and liberty under Article 21 of the Constitution. The lower court had rejected bail, citing the seriousness of the alleged offences and the appellant’s criminal antecedents. On appeal, the Patna High Court examined the length of custody, the lack of charge‑sheet filing and witness examination, and held that further detention would be punitive and contrary to Article 21. Consequently, the court set aside the lower court’s order, allowed the appeal, and granted bail subject to monetary and conduct conditions.
Issues considered
- Whether the appellant’s continued pre‑trial detention violates Article 21 of the Constitution
- Whether bail can be granted despite the seriousness of the charges under the Bharatiya Nyaya Sanhita and the SC/ST Act
- Whether the length of custody without trial progress justifies bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 3(5), 351(3), 352
- SC/ST Act — s. 3(1)(s), 3(2)(va), 3(i)(r)
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- Bharatiya Nyaya Sanhita
- SC/ST Act
- appellate jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5031 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- VISHAMBHARPUR District- Gopalganj
======================================================
Tiger Yadav @ Taigar Yadav @ Tiger Yadav S/o- Prabhu Yadav @
Prabhunath Yadav Resident of Village- Sipaya Khash PS- Bishambharpur,
Dist- Gopalganj
... ... Appellant/s
Versus
1. The State of Bihar
2. Ravish Chandra Manjhi S/o- Sriram Nath Manjhi Resident of Village-
Sipaya Khash PS- Bishambharpur, Dist- Gopalganj
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Adesh Raj Singh, Advocate
For the Respondent/s : Mrs. Usha Kumari 1, SPP
For the Informant : Mr. Aatish Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 18-03-2026 Heard learned counsel for the appellant, learned
counsel for the informant and learned SPP for the State.
2. The instant appeal has been filed by the appellant
against the order dated 28.11.2025 passed by learned District
and Additional Sessions Judge-XI-cum-Exclusive Special Judge
whereby the prayer for bail of the appellant in connection with
Vishambharpur P.S. Case No. 2 of 2025 under Sections 126(2),
115(2), 109, 117(2), 352, 351(3), 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 3(i)(r), 3(1)(s), 3(2)(va) of SC/ST
Act was rejected.
3. Earlier vide order dated 15.05.2025 passed in Cr.
Patna High Court CR. APP (SJ) No.5031 of 2025(3) dt.18-03-2026
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Appeal (SJ) No. 1195 of 2025, regular bail of the appellant was
rejected by this Court considering the allegation of assault
against the appellant and the injury being grievous in nature
with a liberty to renew the prayer after six months if the trial is
not concluded.
3. Learned counsel for the appellant submits that the
present one is the second attempt for grant of regular bail to the
appellant in light of the observation given by this Court. It is
mainly submitted that in this case only charge is framed and till
date and no any witness has been examined. It has been
submitted on behalf of the appellant that the appellant is in
custody since 12.01.2025 and has two criminal antecedents.
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
appellant 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.
4. Learned S.P.P. for the State and learned counsel for
the informant vehemently opposed the prayer for grant of bail to
the appellant.
Patna High Court CR. APP (SJ) No.5031 of 2025(3) dt.18-03-2026
3/4
5. Considering the aforesaid facts and circumstances of
the case, period of custody of the appellant and taking into
account the fact that continued detention of the appellant 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
appellant.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
appellant, this Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and order dated 28.11.2025
passed by learned District and Additional Sessions Judge-XI-
cum-Exclusive Special Judge in connection with Vishambharpur
P.S. Case No. 2 of 2025 is hereby set aside.
7. Let the appellant, abovenamed, 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 below/concerned Court in connection with
Vishambharpur P.S. Case No. 2 of 2025, subject to the following
conditions:
(I) One of the bailors shall be the appellant’s own or a
close family member.
Patna High Court CR. APP (SJ) No.5031 of 2025(3) dt.18-03-2026
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(II) The appellant shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The appellant shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
appellant.
(Rudra Prakash Mishra, J)
Alok Verma/-
U
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