Patna High Court
Darogi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
- Unlawful Activities (Prevention) Act, 1967 — s. 16, 17, 18, 19, 20, 21, 22
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.
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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
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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
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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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