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Patna High Court

Darogi YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner on the condition of a bail bond and sureties.

Summary

The petitioner, Darogi Yadav, was arrested in connection with a 2018 murder case (IPC s.302/34), illegal arms possession (Arms Act s.27) and multiple offences under the UAPA. He has been in custody since November 2022 and is one of nine accused, six of whom have died. Despite charges being framed in March 2024, no charge‑sheet witnesses have been examined and the trial has shown no substantial progress for over a year. The State opposed bail on the ground of the petitioner’s alleged Naxalite affiliation and the large number of pending cases. Considering the prolonged pre‑trial detention and the stagnation of the trial, the court exercised its discretion to grant regular bail subject to a bond and sureties, with conditions for attendance before the trial court.

Issues considered

  • Whether regular bail should be granted to the petitioner given the seriousness of the charges and alleged Naxalite involvement
  • Whether the lack of trial progress and prolonged pre‑trial detention justify bail

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Naxalite
  • IPC murder
  • Arms Act
  • UAPA
  • regular bail
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78471 of 2025
                        Arising Out of PS. Case No.-87 Year-2018 Thana- KHAIRA District- Jamui
                 ======================================================
                 Darogi Yadav S/O Bodhan Yadav R/O Village - Dudhania, P.S- Sono, District
                 - Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ankita Kumari
                 For the Opposite Party/s :       Mr.Raj Kishor Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

5   30-01-2026          1. Heard the parties.

                        2. The petitioner has renewed his prayer for regular bail in

                   connection with Khaira P.S. Case No. 87 / 2018 dated

                   22.02.2018 registered for the offence punishable under section

                   302 / 34 of the I.P.C. , Section 27 of the Arms Act and Section

                   16 / 17 / 18 / 19 / 20 / 21 / 22 of the Unlawful Activities

                   Prevention Act, 1967.

                        3. As per first information report the Police found the dead

                   body of one Dinesh Yadav lying by the road side. Besides the

                   dead body, two pamphlets were also found left by Naxalite

                   group stating that they have taken revenge of arrest of one Suraj

                   Yadav and deceased has been given the death sentence by Jan

                   Adalat. Nine persons including the petitioner are named in the

                   F.I.R.
Patna High Court CR. MISC. No.78471 of 2025(5) dt.30-01-2026
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               4. Learned counsel for the petitioner submits that petitioner

          is in custody in the present case since 10.11.2022 i.e. for the last

          about three years and two months. The petitioner has been

          branded as Naxalite by the police due to village politics and in

          some cases the petitioner has not yet been remanded for which

          the petitioner has filed criminal writ application before this

          court. Altogether the petitioner has been made accused in thirty

          cases of almost similar nature. Learned counsel next submits

          that nine persons including the petitioner have been made

          named accused in the first information report out of which six

          accused have died and three are still in jail including the

          petitioner. Out of criminal antecedent of the petitioner in thirty

          cases the petitioner has been granted bail in twenty four cases

          and in six cases bail is still awaiting. Some of the co-accused

          who were made accused in the present case during the course of

          investigation have been granted bail by different Co-ordinate

          Benches of this court vide Cr. Misc. Nos. 29287 / 2018, 16093 /

          2019 & 28510 / 2020 as stated in paragraph no. 11 of the

          petition.

               5. Learned counsel for the State opposed the prayer for bail

          primarily on the ground that petitioner is a member of Naxalite

          group and altogether thirty cases are pending against him
Patna High Court CR. MISC. No.78471 of 2025(5) dt.30-01-2026
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          relating to Naxal activity.

               6. I have heard learned counsel for the parties and have gone

          through the material on record. This Court by its order dated

          26.07.2024 while rejecting the bail application of the petitioner

          had granted him liberty to renew the prayer for bail after one

          year if the trial does not record any substantial progress. Vide

          order dated 14.11.2025 a report was called for from the trial

          court regarding the present stage of the trial and in pursuance

          thereof learned District & Additional Sessions Judge 3 rd, Jamui

          has submitted his report vide letter no. 87 dated 29.11.2025

          stating therein that charges were framed against the petitioner

          and others on 16.03.2024 and out of nine charge sheet witnesses

          none has been examined by the prosecution. From perusal of the

          earlier order rejecting bail application of the petitioner dated

          26.07.2024 it appears that at that stage also report was called for

          regarding the progress of the trial and similar information was

          provided that charges have been framed on 16.03.2024 and

          summons were issued to the charge sheet witnesses. Since last

          rejection more than one year has elapsed but the situation has

          remained the same.

               7. Considering the period of custody of the petitioner and

          the fact that trial has not progressed satisfactorily, as such, I am
               Patna High Court CR. MISC. No.78471 of 2025(5) dt.30-01-2026
                                                           4/4




                         inclined to grant regular bail to the petitioner.

                              8. Let the petitioner, above named, be released on regular

                         bail on furnishing bail bond of Rs.10,000 /- (rupees ten

                         thousand) with two sureties of the like amount each to the

                         satisfaction of learned Additional Sessions Judge-III, Jamui in

                         connection with Khaira P.S. Case No. 87 / 2018 subject to the

                         condition that the petitioner shall remain present on each and

                         every date before the trial court and in case of default on two

                         consecutive dates, his bail bond shall liable to be cancelled.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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