Patna High Court
Baban YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Bail may be granted in the present case subject to stringent conditions to ensure the petitioner’s attendance and prevent tampering.
Summary
The petitioner, Baban Yadav, was charged in a 2017 rape case (IPC sections 376 and 34) and entered judicial custody only in April 2023, remaining detained for nearly three years. He applied for bail, arguing that he had already suffered extensive custody and would appear diligently in the pending trial. The State opposed bail, citing the delay, the seriousness of the offences, and the risk of further obstruction of justice. The Court noted the prolonged pre‑trial detention, the petitioner’s undertaking to appear, and the need to balance the rights of the accused with the interests of justice. Consequently, the Court granted bail on a Rs 10,000 bond with two sureties, imposing strict conditions regarding appearance, police attendance, non‑interference with witnesses, and abstention from further offences. The bail order is subject to cancellation if any condition is breached.
Issues considered
- Whether bail can be granted in a serious offence (rape) after a prolonged pre‑trial detention and trial delay
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences
- Whether imposing conditions such as regular police attendance and strict compliance is appropriate
Legislation cited
- Indian Penal Code — s. 34, 376
Subjects
- bail
- rape
- IPC 376
- IPC 34
- pre‑trial detention
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76726 of 2025
Arising Out of PS. Case No.-15 Year-2017 Thana- CHUTIA SAHAYAK District- Rohtas
======================================================
Baban Yadav S/O Ram Janam Yadav R/O Village- Tiura, P.S- Chutiya, Distt.-
Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashwani Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 16-01-2026 Heard Mr. Ashwani Kumar Tiwary, learned counsel for
the petitioner and learned APP for the State.
2. The petitioner is an accused in connection with
Sessions Trial No. 380 of 2023 arising out of Chutiya P.S. Case
No. 15 of 2017 registered for the offences under sections 376 and
34 of the Indian Penal Code lodged on 20.03.2017 by the
informant, Anita Devi.
3. As per the prosecution story, the lady informant who
is sister-in-law (bhabhi) of the petitioner has made allegation of
rape against him. Accordingly, the FIR.
4. At the outset, learned APP pointed out that the matter
is of 2017 and the petitioner chose to come into judicial custody
only on 01.04.2023 (as stated in paragraph 16 of the bail
application).
5. Learned counsel for the petitioner submits that he has
already suffered by being in custody since 01.04.2023, has no
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criminal antecedent and though concedes that the trial is at the fag
end, he shall be diligently appearing in it.
6. Learned APP opposes the prayer submitting that due
to him, the trial was delayed, the matter is of the year 2017.
7. This Court has taken note of the submissions put
forward by the parties as also that the occurrence was of the year
2017 whereas in the year 2023, he went into judicial custody and
that was the reason for the rejection of the earlier bail application
in Cr. Misc. No. 53813 of 2023 on 23.08.203.
8. The trial has not concluded, he has remained in
custody for almost three years, as stated above, an undertaking has
been given that he shall be diligently appearing in trial and failure
to do so, the State shall be free to take steps for cancellation of bail
bond, in that, this Court is inclined to extend him the privilege of
bail with conditions.
9. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like
amount each to the satisfaction of learned 1st District and
Additional Sessions Judge, Rohtas at Sasaram, in connection with
Sessions Trial No. 380 of 2023 arising out of Chutiya P.S. Case
No. 15 of 2017 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
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document (Aadhar Card/Voter ID/Driving License/Pan Card etc.)
to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty to
take steps for cancellation of bail bonds;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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