Patna High Court
Deo Narayan Yadav @ JamversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was denied to the petitioner.
Summary
Deo Narayan Yadav was arrested in connection with a 2019 case alleging that he and a co‑accused shot an informant, causing grievous injuries, and was charged under IPC sections 307, 326, 34 and Arms Act section 27. He has been in custody since 28 January 2020, amounting to more than six years, while the trial progressed slowly with witness examinations completed by January 2024 and the case pending final arguments. The petitioner applied for bail, claiming false implication and willingness to cooperate, whereas the State opposed bail citing his criminal antecedents and the fact that one co‑accused had absconded, causing trial delays. The High Court considered the prolonged pre‑trial detention, the seriousness of the offences, and the absconding co‑accused, and concluded that bail could not be granted. The Court directed the trial court to expedite the remaining proceedings and conclude the trial within three months.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the offences and the length of pre‑trial detention
- Whether the delay in trial caused by the absconding co‑accused and other factors justifies denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 326, 34
Subjects
- bail
- pre‑trial detention
- IPC
- Arms Act
- trial delay
- absconding accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82359 of 2025
Arising Out of PS. Case No.-118 Year-2019 Thana- BASOPATTI District- Madhubani
======================================================
Deo Narayan Yadav @ Jam son of Mahendra yadav Resident of Village-
Ghatmadhiya, Ps- Basopatti, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav, Adv.
Mr.Ravi Prakash, Adv.
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. A prayer for bail has been made on behalf of the
petitioner in connection with Basopatti P.S. Case no.118 of 2019
registered under sections 307, 326 and 34 of IPC and Section 27
of Arms Act.
3. Allegation in the F.I.R is that petitioner and co-
accused Mahendera Yadav shot the informant, which hit his
right thigh and right waist, causing grievous injury to him.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the case. After charges
being framed on 26.08.2020, the witnesses were examined from
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26.02.2021 to 22.01.2024 and the prosecution evidence was
finally closed on 11.07.2024 whereafter the accused were also
examined under Section 313 of Cr.P.C. on 13.09.2024, after
which the case was fixed for defense evidence and final
argument on 23.10.2024. Further, till date the case has not
concluded and the petitioner is in custody since 28.01.2020,
which is more than 6 years. The petitioner undertakes to co-
operate in the case/trial.
5. The application for bail is opposed by learned
A.P.P. for the State on the ground that petitioner has several
criminal antecedents and the delay which is being caused in
conclusion of the trial is on account of the accused persons as
till date final argument has not been done as one of the accused
had absconded and the trial was also disturbed by the defense
counsel at the stage of final argument, as has been stated in the
bail rejection order.
6. Taking into consideration the fact that petitioner is
in custody since 28.01.2020 and case is at the stage of final
argument of the defense and also considering that the accused
person had also absconded during trial, this Court is not inclined
to grant bail to the petitioner.
7. The learned trial Court is directed to conclude the
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trial expeditiously, preferably within a period of three months,
as the case is at the stage of argument.
(Soni Shrivastava, J)
Harsh/-
U T
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