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Patna High Court

Dablu Yadav @ Sundar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to cash bond and surety conditions.

Summary

Dablu Yadav was arrested in connection with a murder case (IPC sections 302, 120(B), 34) and an offence under Section 27 of the Arms Act. He had been in custody since 6 August 2024, and eight of the fourteen charge‑sheet witnesses had been examined. The petitioner’s earlier regular bail application was rejected and a Special Leave Petition to the Supreme Court was dismissed. Counsel argued that continued pre‑trial detention violated the petitioner’s right to life and liberty under Article 21 of the Constitution, especially since the trial was far from conclusion. The State opposed bail. Considering the prolonged custody, the lack of imminent trial completion, and the constitutional principle against punitive pre‑trial incarceration, the Patna High Court granted bail subject to a cash bond of Rs.15,000 and two sureties, with conditions on appearance and family surety.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the charges under IPC 302, 120(B), 34 and the Arms Act.
  • Whether continued pre‑trial detention infringes 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 302
  • conspiracy
  • arms offence
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29313 of 2026
                    Arising Out of PS. Case No.-318 Year-2023 Thana- BHAGWANPUR District- Kaimur
                                                         (Bhabua)
                 ======================================================
                 Dablu Yadav @ Sundar Yadav S/o Rajvansh Yadav @ Rajvansh Singh
                 Resident of Village- Kauriram, PS- Mohania, Dist- Kaimur

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

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

2   01-05-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Session Trial Case No. 396 of 2025 arising out of Bhagwanpur

                   P.S. Case No. 318 of 2023 instituted for the offence under

                   Sections 302/120(B)/34 of the Indian Penal Code and Section

                   27 of the Arms Act. Earlier vide order dated 24-01-2025, passed

                   in Cr. Misc. No. 81589 of 2024, regular bail of the petitioner

                   was rejected by this Court. Thereafter, petitioner moved before

                   the Hon’ble Apex Court, in SLP (Crl.) No. 5754 of 2025 which

                   was also dismissed.

                           3.       Learned counsel for the petitioner submits that the

                   present one is the second attempt for grant of regular bail to the
Patna High Court CR. MISC. No.29313 of 2026(2) dt.01-05-2026
                                            2/3




          petitioner. It is mainly submitted that charge in this case is

          framed and till date, eight (8) out of fourteen (14) chargesheet

          witnesses have been examined in this case. It has been

          submitted on behalf of the petitioner that the petitioner is in

          custody since 06.08.2024, having one 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
           Patna High Court CR. MISC. No.29313 of 2026(2) dt.01-05-2026
                                                       3/3




                     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. 396 of 2025 arising out of Bhagwanpur P.S. Case No. 318

                     of 2023, 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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