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Patna High Court

Abhijit Yadav @ Abhijit Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner despite the serious charges, owing to the prolonged pre‑trial detention, lack of eye‑witness testimony and the trial not being likely to conclude soon.

Summary

Abhijit Yadav was arrested on 16‑12‑2020 in connection with a murder case (Sections 302, 201, 120(B)/34 IPC) and has been in custody for over five years. The prosecution’s case is based on the suspicion of an informant and lacks any eye‑witness testimony; out of five charge‑sheet witnesses, only three have been examined and none supported the prosecution. The petitioner argued that he was falsely implicated and that the trial is unlikely to conclude soon. The State highlighted nine prior criminal antecedents but could not produce further evidence. Considering the prolonged pre‑trial detention, the weak evidential basis and the delay in the trial, the High Court granted bail on a Rs.10,000 bond with two sureties and imposed standard conditions for cooperation and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted in a case involving murder, attempt to murder and conspiracy despite the seriousness of the offences.
  • Whether the absence of eye‑witness testimony and the delay in trial justify granting bail.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • murder
  • conspiracy
  • trial delay
  • criminal antecedent
  • Indian Penal Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82695 of 2025
                     Arising Out of PS. Case No.-534 Year-2020 Thana- NARPATGANJ District- Araria
                 ======================================================
                 Abhijit Yadav @ Abhijit Kumar Yadav S/o Nand Kishor Yadav R/o Village -
                 Rajgaw, P.S - Jadiya, District - Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binod Kumar Yadav, Advocate
                 For the Opposite Party/s :       Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   28-01-2026                        Heard Mr. Binod Kumar Yadav, learned counsel

                   for the petitioner as well as Mr. Yogendra Kumar, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   16.12.2020 in connection with Narpatganj P.S. Case No. 534 of

                   2020 (S.T. 176/2021), F.I.R. dated 05.12.2020 for the offences

                   punishable under Sections 302, 201, 120(B)/34 of Indian Penal

                   Code.

                               3.     According to prosecution case, the informant

                   suspects that the petitioner along with other co-accused persons

                   killed his brother.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. The allegation levelled against the petitioner is
Patna High Court CR. MISC. No.82695 of 2025(3) dt.28-01-2026
                                            2/4




          false and fabricated. Informant is not the eye witness of the

          alleged occurrence and even no one had seen the occurrence and

          merely on the basis of suspicion, the petitioner has been made

          accused in the present case. He further submits that charge has

          been framed and trial has begun and out of five charge-sheet

          witnesses, three witnesses have been examined but they have

          not supported the case of the prosecution and they have stated

          that they are not the eye witness of the alleged occurrence.

                       5. Vide order dated 02.12.2025 a report was called

          with regard to stage of the trial. Report of the learned trial Court

          dated 18.12.2025 reveals that out of five charge-sheet witnesses,

          three witnesses have examined.

                       6. Learned counsel for the petitioner submits that last

          witness was examined on 25.07.2023 and thereafter the

          prosecution has not examined any witness as yet and in view of

          the report of the learned trial Court the trial is not likely to be

          concluded in the near future and the petitioner is in custody

          16.12.2020 which is more than five years.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that the petitioner carries nine criminal antecedents

          other than the present one but fairly submits that witnesses have
Patna High Court CR. MISC. No.82695 of 2025(3) dt.28-01-2026
                                            3/4




          not supported the case of the prosecution before the learned trial

          Court.

                       6. Considering the aforesaid facts and circumstances

          as well as report of learned trial Court and period of custody, let

          the petitioner, above named, 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 the learned Chief

          Judicial Magistrate, Araria in connection with Narpatganj P.S.

          Case No. 534 of 2020, subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
            Patna High Court CR. MISC. No.82695 of 2025(3) dt.28-01-2026
                                                        4/4




                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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