Patna High Court
Shahjad TyagiversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
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
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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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