Patna High Court
Arjun Yadav @ Arjum Kumar Yadav @ Arjun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Arjun Yadav was arrested in connection with offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act, and has been in custody since 24‑10‑2024. An earlier application for regular bail was rejected by the Patna High Court on the ground of the seriousness of the alleged criminal conspiracy. The petitioner filed a second bail application, contending that continued pre‑trial detention violates his fundamental right to liberty under Article 21. The State opposed the bail, emphasizing the nature of the charges. The Court, noting the prolonged custody and the lack of any compelling reason to keep the petitioner detained, held that continued detention would be punitive and contrary to Article 21, and therefore granted bail subject to monetary surety and appearance conditions.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether continued pre‑trial detention infringes the petitioner’s right to liberty under Article 21 of the Constitution.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)
Subjects
- bail
- pre‑trial detention
- Article 21
- Arms Act
- Bharatiya Nyaya Sanhita
- high court
- fundamental rights
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86410 of 2025
Arising Out of PS. Case No.-246 Year-2024 Thana- BENIPATTI District- Madhubani
======================================================
Arjun Yadav @ Arjum Kumar Yadav @ Arjun Kumar Son of Bechan Yadav
R/o village - Ramnagar ward no. 4 P.s- Saharghat District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav, Advocate
Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Benipatti P.S. Case No. 246 of 2024, instituted for the offences
under Sections 103(1), 61(2) and 3(5) of Bharatiya Nyaya
Sanhita, 2023 and Sections 25(1-b)a, 26 27 and 35 of the Arms
Act.
3. Earlier vide order dated 06.05.2025 passed in
Criminal Miscellaneous No. 5936 of 2025, regular bail of the
petitioner was rejected by this Court considering the nature and
gravity of the offence as also the petitioner being a member of
the criminal conspiracy.
4. Learned counsel for the petitioner submits that the
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present one is the second attempt for grant of regular bail to the
petitioner. It is mainly submitted that Charge in this case is
framed. It has been submitted on behalf of the petitioner that the
petitioner is in custody since 24.10.2024. Learned counsel
further submits that there is no likelihood of the trial being
concluded in the near future. Learned counsel goes on to submit
that the continued incarceration of the petitioner without
conclusion of trial amounts to a gross violation of the
fundamental right guaranteed under Article 21 of the
Constitution of India, which is reiterated by Hon’ble Apex Court
in plethora of Judgments.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and taking into
account the fact that continued detention of the petitioner would
serve no purpose other than punitive pretrial incarceration,
which is antithetical to the spirit of Article 21 of the
Constitution of India, this Court is inclined to grant bail to the
petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
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sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Benipatti P.S. Case
No. 246 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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