Patna High Court
Sanjay Yadav @ DomaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, holding that the trial delay violated his right to a speedy trial.
Summary
The petitioner, Sanjay Yadav, filed a bail application in Patarghat P.S. Case No. 156/2024 for offences under several sections of the Bharatiya Nyay Sanhita and the Arms Act. He has been in custody since 19 November 2024. The petition was the second attempt after an earlier bail denial, which was linked to the bail status of a co‑accused, Ram Kumar Yadav, whose bail was later granted. The court observed that the trial was progressing slowly, with only four of twelve witnesses examined by 30 April 2026, infringing the petitioner’s right to a speedy trial under Article 21. Consequently, the court ordered his release on bail, requiring a bond of Rs.10,000 with two sureties, subject to conditions under Cr.P.C. 437(3) and BNSS 480(3).
Issues considered
- Whether the petitioner is entitled to bail given the delay in trial and alleged violation of the right to speedy trial under Article 21.
- Whether the earlier denial of bail based on the co‑accused’s bail status is a valid ground for refusal.
Legislation cited
- Arms Act — s. 25(1-B), 26, 27
- Bharatiya Nyay Sanhita — s. 103(1), 115, 126(2), 3(5), 351(2), 354, 480(3), 61
- Criminal Procedure Code — s. 437(3)
Subjects
- bail
- speedy trial
- Article 21
- criminal procedure
- arms act
- Bharatiya Nyay Sanhita
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33034 of 2026
Arising Out of PS. Case No.-156 Year-2024 Thana- Patarghat District- Saharsa
======================================================
Sanjay Yadav @ Doma S/O Late Ganda Praasd @ Late Ganga Prasad Yadav
R/O Village- Uti Navtoliya, Ward no. 15, P.S.- Patarghat, Dist.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Jha, Advocate
For the Opposite Party/s : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 19-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Patarghat
P.S. Case No. 156/2024 registered for the offences under Sections
126(2), 115, 103(1), 61, 354, 351(2) and 3(5) of Bharatiya Nyay
Sanhita and Sections 25(1-B), 26 and 27 of Arms Act.
3. The accused/petitioner is named in the F.I.R. and is in
custody since 19.11.2024.
4. Learned counsel appearing on behalf of the
petitioner submitted that this is the second successive bail petition
of the petitioner after rejection of earlier prayer of bail through Cr.
Misc. No. 47715 of 2025 vide its order dated 31.10.2025 on the
sole ground that the prayer of regular bail of one of the similarly
situated co-accused, namely, Ram Kumar Yadav was rejected by
Patna High Court CR. MISC. No.33034 of 2026(2) dt.19-06-2026
2/2
one of the learned co-ordinate Bench of this Court through Cr.
Misc. No. 9559 of 2025 dated 1804.2025. It is submitted that the
bail prayer of said co- accused Ram Kumar Yadav on second
consideration was allowed by one of the learned co-ordinate
Bench of this Court through Cr. Misc. No. 86908 of 2025 dated
16.01.2026, considering the delay in trial as till 30.04.2026 only
four witnesses were examined out of 12.
5. In view of aforesaid, as petitioner is in custody since
19.11.2024, where progress of trial suggest that same is not likely
to conclude in near future, which appears in violation of
fundamental right of the petitioner qua speedy trial in terms of
Article 21 of the Constitution of India, accordingly, petitioner
above named, is directed to be released on bail in connection with
Patarghat P.S. Case No. 156/2024, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned District and Additional
Sessions Judge-II, Saharsa/concerned Court, subject to the
conditions as mentioned under Section 437(3) of the
Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
Rajeev/-
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