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Patna High Court

Tripit Narayan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, holding that the prolonged pre‑trial custody without charge framing justified release on bail with conditions.

Summary

The petitioner, Tripit Narayan Yadav, applied for regular bail in a case registered as Bheja P.S. Case No. 104 of 2024 involving multiple offences under the Bharatiya Nyaya Sanhita, 2023. This was his second bail application after the High Court had previously denied bail on 7 August 2025, citing the seriousness of the charges. Counsel argued that the petitioner had been in judicial custody since 22 November 2024 without charge framing and had six prior criminal antecedents, seeking release on humanitarian grounds. The State opposed the bail, emphasizing the gravity of the alleged offences. Considering the length of custody, lack of charge framing, and the petitioner’s right to liberty, the Court inclined to grant bail subject to a cash bond of Rs. 15,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence, and non‑commission of similar offences.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023
  • Whether the period of pre‑trial detention without charge framing warrants bail

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.45060 of 2026
                       Arising Out of PS. Case No.-104 Year-2024 Thana- BHEJA District- Madhubani
                 ======================================================
                 Tripit Narayan Yadav S/o Late Laxman Yadav R/o Village - Darah Nawtoliya,
                 P.S. - Bheja, District - Madhubani.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :        Mr. Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-07-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner seeks bail in connection with Bheja

                   P.S. Case No. 104 of 2024, instituted for the offences under

                   Sections 329(4), 126(2), 115(2), 118, 109, 75, 303(2), 324(4),

                   352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and later

                   on Section 103 of the Bharatiya Nyaya Sanhita, 2023 was

                   added.

                           3.      This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected by this Court vide order dated

                   07.08.2025 passed in Cr. Misc. No. 22176 of 2025 taking into

                   consideration the nature and gravity of the offence.
Patna High Court CR. MISC. No.45060 of 2026(2) dt.03-07-2026
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                  4.      Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 22.11.2024

          without any rhymes or reason and has got six criminal

          antecedents. It is next submitted that previously the petitioner

          was granted liberty of six months to renew his prayer before the

          learned Trial Court, if the trial is not concluded within a period

          of six months. It is further submitted that charge has not been

          framed against the petitioner.

                  5.      Learned APP 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 and the period of custody undergone by the petitioner,

          this Court is inclined to grant bail to the petitioner.

                   7.     Let the petitioner be released on bail on furnishing

          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 Bheja P.S. Case No.

          104 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 and shall not remain absent on two consecutive
             Patna High Court CR. MISC. No.45060 of 2026(2) dt.03-07-2026
                                                         3/3




                       dates without sufficient cause.

                                     (III) The petitioner will not tamper with the evidence

                       or the witnesses during the trial.

                                     (IV) Petitioner shall not commit offence of similar

                       nature in future.

                                If any of the above conditions are violated, the Trial

                       Court shall be at liberty to cancel the bail bonds of the

                       petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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