Patna High Court
Tripit Narayan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 115(2), 118, 126(2), 303(2), 324(4), 329(4), 3(5), 351(2), 352, 75
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
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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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