Patna High Court
Chhote Lal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Constitution of India — s. Article 21
- Indian Penal Code — s. 304B, 34
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
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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
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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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