Patna High Court
Darogi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSUL
Holding
The court denied bail to the petitioner.
Summary
The petitioner, Darogi Yadav, was arrested in connection with a case involving alleged Naxalite activity, charged under several sections of the Indian Penal Code, the Explosive Substances Act and the Unlawful Activities (Prevention) Act, 1967. The prosecution’s case is based on information from an informant who, after a police operation in a forest, said two arrested persons identified the petitioner. The petitioner contended that he was falsely implicated and has been in custody since 22 January 2022, seeking regular bail. The State opposed bail, highlighting the petitioner’s 42 prior criminal cases. The Patna High Court, considering the serious nature of the offences and the petitioner’s extensive criminal antecedents, refused bail, directing that a fresh bail application may be filed if the trial is not concluded within six months.
Issues considered
- Whether regular bail should be granted to the petitioner under the IPC, Explosive Substances Act and UAPA charges.
- Whether the petitioner’s extensive criminal antecedents justify denial of bail.
Legislation cited
- Explosive Substances Act — s. 3, 4
- Indian Penal Code — s. 120(B), 121(A), 147, 148, 149
- Unlawful Activities (Prevention) Act, 1967 — s. 16, 17, 18, 19, 20, 21, 22
Subjects
- regular bail
- UAPA
- IPC
- explosive substances
- criminal antecedents
- Naxalite
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20356 of 2026
Arising Out of PS. Case No.-158 Year-2017 Thana- SONO District- Jamui
======================================================
Darogi Yadav S/O Bodhan Yadav R/O Village- Dudhania, P.S- Sono, Distt.-
Jamui.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Ankita Kumari, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 18-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Sono P.S. Case No. 158 of 2017, registered under Sections 147,
148, 149, 120(B), 121(A) of Indian Penal Code and sections 3/4
of Explosive Substance and Sections 16 / 17 /18/19/20/21/22 of
the Unlawful Activities Prevention Act, 1967.
3. As per prosecution case, informant receives
information that some naxalties assembled in Nainy Pathar
forest and on the basis of such information informant reached
there along with police force. Two persons were caught and they
disclosed the name of present petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.20356 of 2026(3) dt.18-05-2026
2/2
present case. Petitioner is in custody since 22.01.2022.
5. Learned APP for the State has vehemently opposed
the prayer for bail and submits that the petitioner is named in the
FIR and also carries 42 criminal antecedents.
6. Considering the criminal antecedents of the
petitioner, this Court is not inclined to grant bail to the
petitioner, this bail application is dismissed.
7. If the trial is not concluded within six months, the
petitioner may renew his prayer for bail.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/- Nitesh
U T
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