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Patna High Court

Shahjad TyagiversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that continued pre‑trial detention would be punitive and violative of Article 21, and therefore granted bail to the petitioner.

Summary

Shahjad Tyagi was arrested in connection with a case under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, and has been in judicial custody since 18 November 2024. He had previously applied for bail, which was denied, and now made a second request, arguing that his prolonged pre‑trial detention violates his Article 21 right to liberty. The State opposed the bail, citing the seriousness of the offence and recovery of looted goods. The Court examined the length of custody, the fact that only one of five witnesses had been examined, and the lack of any substantive progress in the trial. Concluding that continued detention would amount to punitive pre‑trial incarceration contrary to Article 21, the Court granted bail subject to a cash bond and several conditions.

Issues considered

  • Whether the petitioner is entitled to bail despite the nature and gravity of the offence under Section 309(4) of the Bharatiya Nyaya Sanhita.
  • Whether the prolonged pre‑trial detention violates the petitioner’s fundamental right under Article 21 of the Constitution.
  • Whether the conditions imposed are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • fundamental rights
  • Bharatiya Nyaya Sanhita
  • Section 309(4)
  • criminal procedure
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.16697 of 2026
                     Arising Out of PS. Case No.-234 Year-2024 Thana- DUMARIAGHAT District- East
                                                       Champaran
                 ======================================================
                 Shahjad Tyagi S/O Manjur Ahmad Resident of Village- Saifi Colony, P.S.-
                 Simbhauli, District- Harpur at Uttar Pradesh

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :      Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   11-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner seeks bail in connection with

                   Dumariyaghat P.S. Case No. 234 of 2024, instituted for the

                   offences under Sections 309(4) of the Bharatiya Nyaya Sanhita,

                   2023.

                           3.      This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected by this Court vide order dated

                   29.04.2025 passed in Cr. Misc. No. 20278 of 2025 taking into

                   consideration the nature and gravity of the offence as also there

                   being recovery of looted goods from the possession of the

                   accused persons including this petitioner.
Patna High Court CR. MISC. No.16697 of 2026(2) dt.11-03-2026
                                            2/3




                  4.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 18.11.2024

          without any rhymes or reason and has got six criminal

          antecedents in which he is on bail. It is next submitted that

          charge has already been framed against the petitioner on

          08.04.2025 and out of five witnesses, only one witness has been

          examined in this case. Learned counsel for the petitioner next

          submits 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 reiterated by Hon’ble Apex Court

          in plethora of Judgments.

                  5.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                  6.    Considering the aforesaid facts and circumstances of

          the case, present stage of the case, the period of custody

          undergone by 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.

                   7.     Let the petitioner be released on bail on furnishing
             Patna High Court CR. MISC. No.16697 of 2026(2) dt.11-03-2026
                                                         3/3




                       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 Dumariyaghat P.S.

                       Case No. 234 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 and shall not remain absent on two consecutive

                       dates without sufficient cause.

                                     (III) The petitioner will not tamper with the evidence

                       or the witnesses during the trial.

                                     (IV) Petitioner shall not commit offence of similar

                       nature in future.

                                If any of the above conditions are violated, the Trial

                       Court shall be at liberty to cancel the bail bonds of the

                       petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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