Patna High Court
Deepak Yadav @ Dilip YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Deepak Yadav, was charged under IPC sections 341, 342, 307 read with 34 and Section 27 of the Arms Act. He applied for regular bail after having been in custody since August 2023 and after a prior bail petition was rejected. The trial court had taken steps to produce the informant and other prosecution witnesses, but the informant failed to appear, effectively stalling the trial. The petitioner argued that the informant’s non‑appearance was intentional to thwart his liberty, and noted that he was already on bail in seven other cases. The State opposed bail, citing the seriousness of the allegations. Considering the prosecution’s failure to produce witnesses and the petitioner’s prolonged detention, the High Court granted regular bail on a bond of Rs. 20,000 with two sureties.
Issues considered
- What is the appropriate decision on the petition for regular bail when the prosecution fails to produce the informant despite court directions?
- Does the seriousness of the offences under IPC and the Arms Act preclude the grant of bail in view of the petitioner’s prolonged pre‑trial detention?
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 34, 341, 342
Subjects
- regular bail
- pre‑trial detention
- informant non‑appearance
- IPC
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8311 of 2026
Arising Out of PS. Case No.-72 Year-2018 Thana- BITHAN District- Samastipur
======================================================
Deepak Yadav @ Dilip Yadav, S/o Lakshmi Yadav @ Bhatiyal Yadav, R/o
village - Chhechhani Narpa, P.S - Bithan, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Shanker Singh, Adv.
For the Opposite Party/s : Mr.Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
4 19-06-2026 1. Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks regular bail in connection with
S.T. Case No. 425 of 2024, arising out of Bithan P.S. Case No.
72 of 2018, registered for the offence(s) punishable under
Section(s) 341, 342, 307 read with 34 of the Indian Penal Code
and Section 27 of the Arms Act.
3. The main submissions advanced by petitioner's
counsel are that this is the second attempt of the petitioner to get
the relief of regular bail, though his earlier prayer has already
been rejected by this Court vide order dated 07.02.2025 passed
in Cr. Misc. No. 89005 of 2024 giving the petitioner a liberty to
renew his bail prayer after the examination of the informant in
the trial but thereafter several months have passed since then
Patna High Court CR. MISC. No.8311 of 2026(4) dt.19-06-2026
2/3
but the informant has not turned up for examination despite the
charges upon the petitioner having been framed on 24.07.2025
and trial court has also taken sufficient steps to secure the
appearance of the prosecution witnesses, including the
informant but even then no witness has been produced by the
prosecution and in this regard, trial court's report may also be
perused. It is further submitted that the petitioner has been
languishing in jail since 03.08.2023 in the present matter though
against him there are criminal antecedent of seven cases but he
is on bail in all the said cases and the informant is intentionally
avoiding appearance as a witness in order to frustrate the liberty
granted to the petitioner by this court vide order dated
07.02.2025.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner and submits that there is serious
allegation against the petitioner.
5. Considering the aforesaid submissions and mainly
taking into account the prosecution's lingering attitude in
producing the informant and other witnesses despite sufficient
steps having been taken by the trial court for getting their
appearance and also coupled with petitioner's present custody
period, this court is now inclined to release him on bail.
Patna High Court CR. MISC. No.8311 of 2026(4) dt.19-06-2026
3/3
Accordingly, let the petitioner named-above be released on bail
on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the concerned Court in connection with S.T. Case
No. 425 of 2024, arising out of Bithan P.S. Case No. 72 of 2018.
(Shailendra Singh, J)
Rajiv/-
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