Patna High Court
Arvind Kumar Yadav @ Arvind YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Arvind Kumar Yadav was arrested in connection with a case under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑B), 27A and 26 of the Arms Act. He has been in custody since 27 October 2024, and no witness has yet been examined. The petitioner’s earlier bail application was rejected with a direction to re‑apply after six months. On the second application, counsel argued that continued pre‑trial detention violated Article 21 of the Constitution. The court, noting the prolonged detention, lack of evidentiary progress and the punitive nature of the incarceration, granted bail subject to a Rs.10,000 bond, two sureties, and conditions of appearance.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges and prolonged pre‑trial detention
- Whether continued detention violates the right to life and liberty under Article 21
Legislation cited
- Arms Act — s. 25(1‑B), 26, 27A
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2)
Subjects
- bail
- pre‑trial detention
- Article 21
- Bharatiya Nyaya Sanhita
- Arms Act
- criminal procedure
- right to liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3906 of 2026
Arising Out of PS. Case No.-474 Year-2024 Thana- RANIGANJ District- Araria
======================================================
Arvind Kumar Yadav @ Arvind Yadav S/O Arun Yadav R/O Vill.- Ramghat
Bairakh, Ward no.- 12, P.S- Raniganj, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Session Trial Case No. 182 of 2025 arising out of Raniganj P.S.
Case No. 474 of 2024 instituted for the offence under Sections
310(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-
B), 27A & 26 of the Arms Act. Earlier vide order dated
18.06.2026, passed in Cr. Misc. No. 16955 of 2025, regular bail
of the petitioner was rejected by this Court with a liberty to
renew the prayer after six months if the trial is not concluded.
3. Learned counsel for the petitioner submits that the
present one is the second attempt for grant of regular bail to the
petitioner. It is mainly submitted that charge in this case is
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framed and till date, only no witness has been examined, which
is evident from the impugned order itself. It has been submitted
on behalf of the petitioner that the petitioner is in custody since
27.10.2024, 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
bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of
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the like amount each to the satisfaction of Court
below/concerned Court in connection with Session Trial Case
No. 182 of 2025 arising out of Raniganj P.S. Case No. 474 of
2024, 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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