Patna High Court
JITU YADAV @ JITENDRA KUMAR YADAVversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding that continued detention would be punitive and contrary to Article 21.
Summary
Jitu Yadav was arrested in connection with a case registered under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. An earlier application for regular bail was rejected, with the court directing a re‑application after six months. The petitioner, in custody since 13‑12‑2024 and having two prior criminal antecedents, argued that continued pre‑trial detention violated his Article 21 right to liberty, especially as the trial had not been committed to the Sessions Court and was unlikely to conclude soon. The State opposed the bail. Considering the prolonged detention, lack of trial progress, and the principle that pre‑trial incarceration should not be punitive, the court granted bail on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and imposed conditions of regular appearance.
Issues considered
- Whether continued pre‑trial detention of the petitioner violates the fundamental right guaranteed under Article 21 of the Constitution of India.
- Whether bail should be granted despite the seriousness of the offences and the petitioner’s prior criminal antecedents.
- Whether the conditions imposed in the earlier order (re‑application after six months) have been satisfied to permit a fresh bail application.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
- Constitution of India — s. Article 21
Subjects
- bail
- pre‑trial detention
- Article 21
- fundamental rights
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20067 of 2026
Arising Out of PS. Case No.-509 Year-2024 Thana- BAHADURPUR District- Darbhanga
======================================================
Jitu Yadav @ Jitendra Kumar Yadav S/O- Rajendra Yadav @ Rajendra Kumar
Yadav Resident Of Village- Bajitpur Chipaliya Police Station- Bahadurpur
And District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Bahadurpur P.S. Case No. 509 of 2024 instituted for the offence
under Sections 103(1) & 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 27 of the Arms Act. Earlier vide order dated
23-07-2025, passed in Cr. Misc. No. 22320 of 2025, regular bail
of the petitioner was rejected by this Court with a liberty to
renew the prayer after six months if the trial is not concluded.
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 even the case is not
committed to the Court of Sessions hitherto. It has been
Patna High Court CR. MISC. No.20067 of 2026(2) dt.03-04-2026
2/3
submitted on behalf of the petitioner that the petitioner is in
custody since 13.12.2024, 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
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 Bahadurpur P.S.
Patna High Court CR. MISC. No.20067 of 2026(2) dt.03-04-2026
3/3
Case No. 509 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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