Patna High Court
Bittu Yadav @ Bittu Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, holding that continued pre‑trial detention would be punitive and contrary to Article 21.
Summary
Bittu Yadav was charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act in Rahui P.S. Case No. 456 of 2024. Earlier attempts for anticipatory and regular bail were dismissed. The petitioner argued that no witness had been examined, the trial was delayed, and continued detention violated Article 21 of the Constitution. The State opposed bail. The High Court, noting the prolonged pre‑trial incarceration and lack of justification, granted bail subject to a cash bond and sureties, with conditions for appearance in court.
Issues considered
- Whether the petitioner is entitled to regular bail despite serious charges under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether continued pre‑trial detention violates the right to liberty under Article 21 of the Constitution.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(2), 126(2), 190, 191(2), 191(3)
Subjects
- bail
- pre‑trial detention
- Article 21
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11029 of 2026
Arising Out of PS. Case No.-456 Year-2024 Thana- RAHUI District- Nalanda
======================================================
Bittu Yadav @ Bittu Kumar Yadav S/o Arjun Yadav R/o Kayampur, P.S.-
Rahui, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, 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 Rahui
P.S. Case No. 456 of 2024 instituted for the offence under
Sections 190, 191(2), 191(3), 126(2), 115(2), 109 & 118(2) of
the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms
Act. Earlier vide order dated 04.07.2025, passed in Cr. Misc.
No. 12467 of 2025, anticipatory bail of the petitioner was
dismissed as withdrawn by this Court. Again, vide order dated
26.09.2025, passed in Cr. Misc. No. 60623 of 2025, regular bail
of the petitioner was rejected by this Court, taking into account
there being direct allegation of firing against the petitioner.
3. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.11029 of 2026(2) dt.13-02-2026
2/3
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 and till date, no witness has been examined. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 21.06.2025, 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.
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, this Court is inclined to grant bail to the
petitioner.
6. Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.11029 of 2026(2) dt.13-02-2026
3/3
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Rahui P.S. Case No.
456 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
Checking your session…