Created by Fuzzy Cloud

Patna High Court

Dimpal Yadav @ Dimpal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that continued pre‑trial detention serves no purpose and violates Article 21, and therefore granted bail to the petitioner.

Summary

Dimpal Yadav was arrested in May 2025 and charged under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B), 27 and 26 of the Arms Act. After a prior regular bail application was rejected, the petitioner filed a second bail petition, arguing that the prolonged pre‑trial detention violated his fundamental right to liberty under Article 21. The State opposed the bail, citing the seriousness of the offences. The High Court noted the extended custody, the lack of a speedy trial, and the fact that a co‑accused had been granted bail on a similar basis. Finding that continued detention would be punitive and contrary to Article 21, the Court granted bail subject to a cash bond and surety conditions.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences charged.
  • Whether the prolonged pre‑trial detention infringes the petitioner’s right to liberty under Article 21 of the Constitution.
  • Whether parity with a co‑accused who was granted bail warrants granting bail to the petitioner.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • criminal procedure
  • parity
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11019 of 2026
                       Arising Out of PS. Case No.-474 Year-2024 Thana- RANIGANJ District- Araria
                 ======================================================
                 Dimpal Yadav @ Dimpal Kumar S/o Amod Yadav Resident of village-
                 Bairakh Koshkapur, ward no 13, Police station- Raniganj, District- Araria

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :        Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Session Trial Case No. 773 of 2026 arising out of Raniganj P.S.

                   Case No. 474 of 2024 instituted for the offence under Sections

                   310(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-

                   B), 27 & 26 of the Arms Act. Earlier vide order dated

                   25.07.2025, passed in Cr. Misc. No. 51712 of 2025, regular bail

                   of the petitioner was rejected by this Court.

                           3.       Learned counsel for the petitioner submits that the

                   present one is the second attempt for grant of regular bail to the

                   petitioner. It is mainly submitted that charge in this case is

                   framed. It has been submitted on behalf of the petitioner that the
Patna High Court CR. MISC. No.11019 of 2026(2) dt.13-02-2026
                                            2/3




          petitioner is in custody since 16.05.2025, having 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 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. Other co-

          accused has been granted bail in second attempt by this Court

          vide order dated 28.01.2026, passed in Cr. Misc. No. 3906 of

          2026.

                  4.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  5.      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 as also claim based on parity, this Court is

          inclined to grant bail to the petitioner.

                  6.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
           Patna High Court CR. MISC. No.11019 of 2026(2) dt.13-02-2026
                                                       3/3




                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Session Trial Case

                     No. 773 of 2026, arising out of Raniganj P.S. Case No. 474 of

                     2024, 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.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.