Patna High Court
Dharmendra Singh @ Dharmendra Yadav @ MandalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
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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
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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
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