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Patna High Court

Chhote Lal YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

The petitioner, Chhote Lal Yadav, sought regular bail in a Session Trial case (No. 175 of 2022) for offences under Sections 304(B) and 34 of the Indian Penal Code. He had been in custody since 12 April 2022 and had no prior criminal record. The High Court noted that the charge was framed, witnesses examined, and the trial was unlikely to conclude soon, making continued pre‑trial detention punitive. Citing Article 21 of the Constitution, the Court held that prolonged incarceration without trial violated the right to personal liberty. Consequently, the Court granted bail on a bond of Rs. 15,000 with two sureties and imposed conditions regarding family surety and appearance at trial dates.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of offences under Sections 304B and 34 IPC.
  • Whether continued pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution.
  • Whether the conditions imposed are sufficient to ensure the petitioner’s attendance at trial.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • IPC 304B
  • IPC 34
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.204 of 2026
                     Arising Out of PS. Case No.-133 Year-2021 Thana- CHAUSA District- Madhepura
                 ======================================================
                 Chhote Lal Yadav S/o- Late Kaladhar Yadav @ Late Kalaghar Yadav R/o
                 Village- Lowalagan Loualagan Ward No- 02 P.S-Chausa District-Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pawan Kumar, Advocate
                 For the Opposite Party/s :      Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-03-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Session Trial Case No. 175 of 2022 arising out of Chausa P.S.

                   Case No. 133 of 2021 instituted for the offence under Sections

                   304(B) & 34 of the Indian Penal Code. Earlier vide order dated

                   22.01.2025, passed in Cr. Misc. No. 69813 of 2024, regular bail

                   of the petitioner was rejected by this Court.

                           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 charge in this case is

                   framed and all the witness have been examined. It has been

                   submitted on behalf of the petitioner that the petitioner is in
Patna High Court CR. MISC. No.204 of 2026(3) dt.11-03-2026
                                            2/3




          custody since 12.04.2022, having no criminal antecedent.

          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 Session Trial Case

          No. 175 of 2022 arising out of Chausa P.S. Case No. 133 of
           Patna High Court CR. MISC. No.204 of 2026(3) dt.11-03-2026
                                                       3/3




                     2021, 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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