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Patna High Court

Upendra YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail, holding that the petitioner’s escape from custody and long period of abscondence, coupled with the grave nature of the charges, preclude the grant of regular bail.

Summary

The petitioner, Upendra Yadav, was charged under Sections 302, 324 and 34 of the Indian Penal Code for the murder of an informant's brother. He was in judicial custody from November 2010 to January 2012, escaped, remained at large for about 13 years, and was re‑arrested on 16 May 2025. He applied for regular bail, claiming false implication and hostile witnesses, and offered to cooperate with the trial. The State opposed, highlighting his prior escape, the seriousness of the offences and the fact that the prosecution’s case had already been presented. The High Court, after considering the allegations and the petitioner’s history of absconding, rejected the bail application and directed the trial court to expedite the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite having escaped custody and remained at large for 13 years.
  • Whether the seriousness of the offences (IPC 302, 324, 34) and the progress of the trial justify denial of bail.

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • IPC 324
  • IPC 34
  • escape from custody
  • trial delay
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.216 of 2026
                       Arising Out of PS. Case No.-51 Year-2010 Thana- NAUHATTA District- Rohtas
                 ======================================================
                 Upendra Yadav S/O Late Shiv Prasad Yadav @ Jhanjhat Yadav R/O Village-
                 Pandu, P.S- Nauhatta, District- Rohtas at present R/O Village- Nandusiyara,
                 P.S- Chenari, Distt.- Rohtas.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashwani Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

4   01-04-2026                  Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Nauhatta P.S. Case no.

                   51 of 2010 registered under sections 302, 324 and 34 of the

                   Indian Penal Code.

                                3. As per the prosecution case, the informant states

                   that the four named accused persons including the petitioner

                   herein came variously armed with lathi, tangi, garasa, etc and

                   as a result of indiscriminate assault by them on the brother of

                   the informant, the brother of the informant died.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case because of prior

                   dispute between the parties. The manner of occurrence is other than
Patna High Court CR. MISC. No.216 of 2026(4) dt.01-04-2026
                                            2/3




          what has been narrated in the FIR. The petitioner had remained in

          custody from 15.11.2010 to 24.1.2012 and is again in custody from

          16.5.2025 till the present date. The witnesses who have been

          examined have mainly been declared hostile. The petitioner

          undertakes to cooperate in the trial.

                       5. The application for bail is opposed by learned APP

          for the State who submits that the petitioner had escaped from

          custody just a few days prior to grant of bail on the first

          occasion and absconded for nearly 13 years till he was again

          taken into custody on 16.5.2025. It is for this reason that the

          trial could not proceed. He is named in the FIR and there is

          allegation against him along with others of having assaulted the

          deceased.

                       6. A report was called for from the learned trial Court.

          As per the report received contained in letter dated 9.3.2026, the

          examination of witnesses as also the argument on behalf of the

          prosecution has concluded. For conclusion of the trial, as per the

          report, only the defence argument needs to conclude.

                       7. Having heard learned counsel for the parties and

          taking into consideration the allegations against the petitioner in

          the FIR, the petitioner having escaped from judicial custody and

          having remained at large for 13 years when he was taken into
           Patna High Court CR. MISC. No.216 of 2026(4) dt.01-04-2026
                                                       3/3




                     custody only on 16.5.2025 together with the progress in the trial

                     in the learned trial Court wherein even the prosecution argument

                     has concluded, the Court is not inclined to enlarge the petitioner on

                     bail and the application is rejected.

                                  8. Learned trial Court is directed to expedite the trial.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T


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