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Patna High Court

Shiv Narayan Yadav @ Supan Rai @ Supan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the basis of the delayed trial and extended custody.

Summary

The petitioner, Shiv Narayan Yadav, was arrested in May 2017 in connection with a case registered under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. He has remained in custody for nearly nine years, and the trial remains unfinished. The petitioner, through senior counsel Krishna Prasad Singh and Advocate Alka Singh, pleaded innocence and sought bail, arguing that the prolonged detention violated his right to a speedy trial. The State, represented by A.P.P. Umeshanand Pandit, opposed the bail on the ground of the seriousness of the alleged offences. Considering the slow progress of the trial, the extensive period of custody, and the lack of conviction, the Court allowed the bail petition, directing release on a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted in a case involving alleged murder and unlawful possession of arms despite the seriousness of the offences
  • Whether the prolonged pre‑trial detention violates the petitioner’s right to a speedy trial

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • Arms Act
  • trial delay
  • pre‑trial detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.81849 of 2025
                         Arising Out of PS. Case No.-11 Year-2017 Thana- AAYAR District- Bhojpur
                 ======================================================
                 Shiv Narayan Yadav @ Supan Rai @ Supan Yadav S/o- Late Jagarnath Rai
                 R/v- Sahilchak Ps- Maner District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Krishna Prasad Singh, Sr. Advocate
                                                   Ms. Alka Singh, Advocate
                 For the State            :        Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   12-02-2026                    Heard Mr. Krishna Prasad Singh, learned senior

                   counsel for the petitioner and Mr. Umeshanand Pandit, learned

                   A.P.P. for the State.

                                  2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 302 and 34 of the Indian

                   Penal Code and Section 27 of the Arms Act.

                                  3. Lastly, the prayer for grant of bail to the petitioner

                   was rejected by this Court vide order dated 09.05.2025 passed in

                   Cr. Misc. No. 5833 of 2025.

                                  4. Learned senior counsel for the petitioner submits

                   that petitioner is quite innocent and has committed no offnece.

                   Till date, trial has not been concluded and petitioner is in

                   custody since 01.05.2017.
             Patna High Court CR. MISC. No.81849 of 2025(3) dt.12-02-2026
                                                         2/2




                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, slow and tardy progress of trial and period of custody, the

                       prayer for grant bail of to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner be

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

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

                       satisfaction of learned Additional District and Sessions Judge-

                       III, Bhojpur, Ara in connection with Aayar P.S. Case No. 11 of

                       2017.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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