Patna High Court
Bhagirath YadavversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted regular bail to the petitioner, holding that continued pre‑trial detention would be punitive and contrary to Article 21.
Summary
The petitioner, Bhagirath Yadav, was arrested in connection with a case (Jhajha PS Case No. 140 of 2024) involving offences under IPC sections 341, 323, 328, 304B and 34. An earlier application for regular bail was rejected by the High Court on 25.03.2025, citing the gravity of the offences. The petitioner filed a second bail application, arguing that only three of the seven charge‑sheeted witnesses had been examined, he had been in custody since 27 July 2024, and the trial was unlikely to conclude soon, thereby violating his Article 21 right to personal liberty. The State opposed the bail. The Court, considering the prolonged pre‑trial detention as punitive and contrary to the spirit of Article 21, granted bail subject to a cash bond of Rs. 15,000 and two sureties, with conditions regarding family surety and appearance in court.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under sections 341, 323, 328, 304B and 34 of the IPC.
- Whether continued pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution of India.
Legislation cited
- Indian Penal Code — s. 304B, 323, 328, 34, 341
Subjects
- bail
- pre‑trial detention
- Article 21
- IPC
- criminal procedure
- right to liberty
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75510 of 2025
Arising Out of PS. Case No.-140 Year-2024 Thana- JHAJHA District- Jamui
======================================================
Bhagirath Yadav S/O Baleshwar Yadav R/O Vill.- Foksa, P.s.- Jhajha, Dist.-
Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Jhajha
P.S. Case No. 140 of 2024 instituted for the offence under
Sections 341, 323, 328, 304B, 34 of the Indian Penal Code.
3. Earlier vide order dated 25.03.2025 passed in Cr.
Misc. No. 90125 of 2024 regular bail of the petitioner was
rejected by this Court considering the nature and gravity of
offence.
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 there are seven
chargesheeted witnesses in this case but only three witnesses
Patna High Court CR. MISC. No.75510 of 2025(3) dt.09-01-2026
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have been examined. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 27.07.2024.
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. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Jhajha P.S. Case No.
Patna High Court CR. MISC. No.75510 of 2025(3) dt.09-01-2026
3/3
140 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)
Alok Verma/-
U T
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