Patna High Court
Vinod Yadav @ Vinod Kumar @ Binod Yadav @ Binod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to bond and surety conditions.
Summary
Vinod Yadav was charged under IPC sections 147, 148, 149, 323, 307, 354(B), 504 and Section 27 of the Arms Act in a case arising from Paliganj. After three prior rejections of both anticipatory and regular bail, the petitioner sought bail again, arguing that the trial was far from conclusion, only one witness had been examined, and his continued custody since June 2023 violated his Article 21 right to liberty. The State opposed the bail. The High Court, noting the prolonged pre‑trial detention and its punitive nature, held that continued incarceration served no purpose and was contrary to the spirit of Article 21. Consequently, the Court granted bail on a bond of Rs. 15,000 with two sureties, imposing conditions that a family member be a bailor and that the petitioner appear at every trial date.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the charges and prior bail rejections.
- Whether continued pre‑trial detention violates the constitutional right to liberty under Article 21.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 307, 323, 354(B), 504
Subjects
- bail
- pre‑trial detention
- Article 21
- IPC offences
- Criminal Procedure
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70556 of 2025
Arising Out of PS. Case No.-70 Year-2022 Thana- PALIGANJ District- Patna
======================================================
Vinod Yadav @ Vinod Kumar @ Binod Yadav @ Binod Kumar S/O
Vidyanand Yadav R/O Vill.- Kodara, P.S.- Paliganj, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudish Kumar, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Session Trial Case No. 1124 of 2023 arising out of Paliganj P.S.
Case No. 70 of 2022 instituted for the offence under Sections
147, 148, 149, 323, 307, 354(B) & 504 of the Indian Penal Code
and Section 27 of the Arms Act. Earlier vide order dated
27-04-2023, passed in Cr. Misc. No. 65823 of 2022, anticipatory
bail of the petitioner was rejected by a Co-ordinate Bench of
this Court. Again vide order dated 28.11.2023, passed in Cr.
Misc. No. 64013 of 2023, regular bail of the petitioner was
again rejected. Vide order dated 10.01.2025, passed in Cr. Misc.
No. 47416 of 2024, regular bail of the petitioner was third time
Patna High Court CR. MISC. No.70556 of 2025(2) dt.30-01-2026
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rejected.
3. Learned counsel for the petitioner submits that the
present one is the third attempt for grant of regular bail to the
petitioner. It is mainly submitted that charge in this case is
framed and till date, one witness is yet to be examined. It has
been submitted on behalf of the petitioner that the petitioner is
in custody since 09-06-2023, having three criminal antecedents.
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
Patna High Court CR. MISC. No.70556 of 2025(2) dt.30-01-2026
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petitioner.
6. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Session Trial Case
No. 1124 of 2023, arising out of Paliganj P.S. Case No. 70 of
2022, 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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