Patna High Court
Ajeet Kumar Yadav @ Ajeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that continued detention would serve no purpose and violated Article 21, and therefore granted bail to the petitioner.
Summary
Ajeet Kumar Yadav was charged under Sections 310(2), 109, 317(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act in two Session Cases. He had been in custody since 7 March 2025 and earlier bail was denied. On a second bail application, the petitioner argued that no witness had been examined since the charge was framed on 11 November 2025 and that continued pre‑trial detention violated his Article 21 right. The State opposed the bail. The Court observed that prolonged detention without trial served only a punitive purpose and contravened the spirit of Article 21, and therefore granted bail subject to monetary surety and standard conditions.
Issues considered
- Whether bail should be granted in a case involving serious offences under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether continued pre‑trial detention without trial violates the petitioner’s right to life and liberty under Article 21 of the Constitution.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 310(2), 317(3)
Subjects
- bail
- pre‑trial detention
- Article 21
- serious offences
- Bharatiya Nyaya Sanhita
- Arms Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33522 of 2026
Arising Out of PS. Case No.-183 Year-2025 Thana- HAJIPUR SADAR District- Vaishali
======================================================
Ajeet Kumar Yadav @ Ajeet Kumar S/o Kishundeo Ray R/o- Village - Tajpur
Bujurg, P.S.- Mahua, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Session Case No. 670 of 2025, 742 of 2025 arising out of
Hajipur Sadar P.S. Case No. 183 of 2025 instituted for the
offence under Sections 310(2), 109, 317(3) of the Bharatiya
Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. Earlier, vide order dated 16.01.2026 passed in Cr.
Misc. No. 53017 of 2025, regular bail of the petitioner was
rejected by this Court considering the nature of accusation and
gravity of the offence with a liberty to renew the prayer after
three months if the trial is not concluded.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.33522 of 2026(2) dt.15-05-2026
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present one is the second attempt for grant of regular bail to the
petitioner. It is mainly submitted that in this case, charge has
been framed on 11.11.2025 and since then, not a single witness
has been examined. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 07.03.2025 and
has 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.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. 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.
7. Let the petitioner be released on bail on furnishing
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bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Session Case No.
670 of 2025, 742 of 2025 arising out of Hajipur Sadar P.S. Case
No. 183 of 2025, 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.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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