Created by Fuzzy Cloud

Patna High Court

Dharmendra Singh @ Dharmendra Yadav @ MandalversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner subject to cash bond and strict conditions.

Summary

The petitioner, Dharmendra Singh, husband of a deceased woman, was arrested on 17 March 2023 in connection with an alleged unnatural death and has been in custody for about three years. He applied for bail for the third time, arguing that only six of eight prosecution witnesses have been examined and the trial is unlikely to conclude soon. The State and the informant opposed bail, emphasizing the petitioner’s close relationship to the victim, the seriousness of the charge, and the existence of material suggesting his complicity. The Court noted the previous orders directing the trial court to expedite the trial and observed that, despite some progress, the trial remains incomplete. Considering the prolonged detention, the lack of a clear timeline for trial completion, and the petitioner’s undertaking to cooperate, the Court granted bail with a cash bond and several conditions. The bail order was conditioned on the presence of the petitioner at all trial dates, non‑tampering with evidence, and the possibility of bond cancellation for default.

Issues considered

  • Whether the petitioner is entitled to bail given the prolonged pre‑trial detention and incomplete trial.
  • Whether the likelihood of a swift trial conclusion justifies denial of bail.
  • Whether there is a risk of evidence tampering or witness intimidation if bail is granted.

Subjects

  • bail
  • pre‑trial detention
  • trial delay
  • witness examination
  • Criminal Procedure Code
  • cash bond
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76987 of 2025
                         Arising Out of PS. Case No.-25 Year-2023 Thana- SIGAUDI District- Patna
                 ======================================================
                 Dharmendra Singh @ Dharmendra Yadav @ Mandal S/o Chandrashekhar @
                 Ramjee Yadav, Resident Of Village- Murarchak, PS- Sigori, Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Nityanand Neeraj, Adv.
                                                   Mr. K. Anjani Sinha, Adv.
                 For the Opposite Party/s :        Dr. Indiwar Kumari, APP
                 For the Informant        :        Mr. Ram Niraj Prasad, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   09-01-2026                   Heard the learned Advocate for the petitioner, the

                   learned Additional Public Prosecutor for the State as well as the

                   learned Advocate for the informant.

                                 2. This is the third attempt made on behalf of the

                   petitioner, as earlier the prayer for bail of the petitioner was

                   turned down by this Court, firstly on 20.09.2024 in Cr. Misc.

                   No.42210 of 2024, taking note of the fact that the materials

                   collected during the course of investigation clearly suggest the

                   involvement of the petitioner, who is none else but the husband

                   of the deceased, and the trial is already commenced. While

                   negating the prayer for bail, this Court had extended liberty to

                   the petitioner to renew his prayer for bail after six months, and

                   in the meantime, it was expected that the Trial Court shall take
Patna High Court CR. MISC. No.76987 of 2025(4) dt.09-01-2026
                                            2/4




          all endeavours to conclude the trial expeditiously.

                       3. The petitioner again renewed his prayer for bail in

          Cr. Misc. No. 25230 of 2025 after completion of six months,

          with a submission that out of eight witnesses, altogether five

          prosecution witnesses have been examined and after 27.06.2025

          none of the witnesses was produced.

                       4. The Court, having considered the submissions,

          while rejecting the prayer for bail of the petitioner, again

          observed that the Trial Court shall take all sincere endeavour to

          conclude the trial, preferably within a period of three months,

          giving liberty to the petitioner to renew his prayer for bail in

          case of non-conclusion of the trial within the period stipulated.

                       5. Now, the prayer has been made that, despite the

          observation made by this Court, till date out of eight prosecution

          witnesses only six of them have been examined and there is no

          likelihood of conclusion of the trial in near future, inasmuch as

          the petitioner has been incarcerated since 17.03.2023. The

          petitioner undertakes that he will fully cooperate in the trial and

          would ensure his presence on each and every date.

                       6. Learned Advocate for the State and the informant

          vehemently opposed the bail application and submitted that

          besides the fact the petitioner is the husband of the deceased, the
Patna High Court CR. MISC. No.76987 of 2025(4) dt.09-01-2026
                                            3/4




          unnatural death took place within seven years of marriage and,

          during the course of investigation, ample materials have been

          collected which suggest his complicity. Moreover, in course of

          trial, the witnesses have supported the prosecution case and now

          there is every likelihood that the trial would be concluded in a

          short span of time.

                       7. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the observations made by this Court in its previous orders

          dated 20.09.2024 and 27.06.2025 to take all sincere endeavours

          to conclude the trial, but till date out of eight witnesses only six

          of them have been examined and there is no likelihood of

          conclusion of the trial in near future as also the petitioner has

          been incarcerated for about three years, let the petitioner, named

          above, be released on bail on furnishing bail bonds of

          Rs.20,000/- (Twenty thousand) with two sureties of the like

          amount each to the satisfaction of learned Additional Sessions

          Judge-V, Danapur, Patna in connection with Sigaudi P.S. Case

          No. 25 of 2023 (in S.T. No.179/2024), subject to the condition

          that one of the bailors will be the close relatives of the petitioner

          with further following conditions:-

                          (i) The petitioner will cooperate in conclusion of
          Patna High Court CR. MISC. No.76987 of 2025(4) dt.09-01-2026
                                                      4/4




                    the trial.

                                    (ii) He will remain present on each and every date

                    of trial till disposal of the case.

                                    (iii) He will not try to tamper with the evidence or

                    intimidate the witnesses to delay the disposal of trial.

                                    (iv) In the event of default of two consecutive dates

                    without any cogent reason, his bail bonds will liable to be

                    cancelled.



                                                (Harish Kumar, J)
rohit/-

U


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.