Patna High Court
Vikash Yadav @ Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the continued detention was found to infringe the petitioner’s right to a speedy trial under Article 21.
Summary
The petitioner, Vikash Yadav, had been in custody since 4 December 2024 in connection with a criminal case (S.T. No. 1063/2025). His earlier bail application was rejected, with the trial court directed to conclude the trial within nine months. By March 2026, no prosecution witnesses had been examined and the charge was only framed on 22 February 2026, indicating further delay. The petitioner’s counsel argued that the prolonged pre‑trial detention violated the constitutional right to a speedy trial under Article 21, relying on the Supreme Court’s decision in Hussainara Khatoon v. Home Secretary, State of Bihar. The High Court, noting the lack of progress and the risk of indefinite detention, granted bail, ordering release on a bond of Rs.10,000 with two sureties, subject to conditions under Section 437(3) of the Cr.P.C. and Section 480(3) of the BNSS.
Issues considered
- Whether the petitioner’s continued detention violates the right to speedy trial under Article 21 of the Constitution of India.
- Whether bail should be granted in view of the delay in trial proceedings.
Legislation cited
- Bihar Negotiable Instruments Act (BNSS) — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
Subjects
- bail
- speedy trial
- Article 21
- pre‑trial detention
- Criminal Procedure Code
- constitutional rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3488 of 2026
Arising Out of PS. Case No.-143 Year-2024 Thana- SAHEBPUR KAMAL District-
Begusarai
======================================================
Vikash Yadav @ Vikash Kumar S/o Maheshwar Yadav R/o Village -
Raghunathpur, P.S - Sahebpur Kamal, District – Begusarai.... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 18-03-2026 The present petition is the second successive prayer of
bail of the petitioner.
2. Arguing for petitioner, it is pointed out by learned
counsel that petitioner remains in custody in connection of this
case since 04.12.2024. It is pointed out that while rejecting the
first prayer of bail of the petitioner (Annexure-P/1), it was directed
by this Court to learned trial court to conclude the trial preferably
within a period of nine months.
3. It is submitted that not even a single prosecution
witness in this matter could examine by the learned trial court and
certainly petitioner cannot be kept behind bar for indefinite period
in want of trial. In support of his submission, learned counsel relied
upon the legal report of Hon’ble Supreme Court as available
through Hussainara Khatoon and Others Vs. Home
Secretary, State of Bihar, reported in 1980(1)SCC 98.
Patna High Court CR. MISC. No.3488 of 2026(3) dt.18-03-2026
2/3
Taking reference of aforesaid case, it is submitted that delay in
trial appears in violation of fundamental right of the petitioner qua
speedy trial as available under Article 21 of the Constitution of
India.
4. From perusal of record, it transpires that status
report regarding stage of trial was furnished by learned trial court
through letter No. 56/2026, suggesting that the trial of this
petitioner was separated from other accused persons and the
charge was framed on 22.02.2026, which also implies that
examination of prosecution witness is yet to start. It further
appears that a direction was given by this Court to conclude the
trial preferably within nine months while disposing the earlier
prayer of bail though Cr. Misc. No. 24906/2025 dated
24.07.2025.
5. Considering aforesaid factual aspects and without
making any further comments on merit, as petitioner remains in
custody since 04.12.2024, where the progress of trial prima facie
suggest that same is not likely to conclude in near future, which
appears in violation of fundamental right of petitioner qua speedy
trial as available under Article 21 of the Constitution of India,
accordingly, petitioner above named, is directed to be released on
bail in connection with S.T. No. 1063/2025 arising out of
Patna High Court CR. MISC. No.3488 of 2026(3) dt.18-03-2026
3/3
Sahebpur Kamal P.S. Case No. 143 of 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 &
Additional Sessions Judge-X, Begusarai/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)
veena/-
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