Patna High Court
Dimpal Yadav @ Dimpal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 25(1‑B), 26, 27
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2)
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
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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
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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
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