Patna High Court
Dablu Yadav @ Sundar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
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
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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
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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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