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Patna High Court

Yogendra Yadav @ Yogendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner subject to strict conditions.

Summary

The petitioner, Yogendra Yadav, applied for regular bail in a case registered under Sections 395 and 412 of the Indian Penal Code. He had previously been granted bail by the trial court, which was later cancelled because he was absent at the charge‑framing hearing, having travelled out of state for livelihood reasons. The petitioner argued that his absence was not intentional, he had no prior criminal record, and he was willing to cooperate with the trial. The State opposed the bail. Considering the length of his custody, his oral undertaking to cooperate, and the fact that the trial had commenced, the High Court granted bail on a cash bond of Rs. 20,000 with two sureties and imposed conditions regarding presence, non‑tampering with evidence, and surety requirements.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the earlier cancellation of bail for non‑appearance
  • Whether the seriousness of offences under Sections 395 and 412 IPC precludes grant of bail

Legislation cited

Subjects

  • regular bail
  • Section 395 IPC
  • Section 412 IPC
  • bail cancellation
  • non‑appearance
  • high court
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86807 of 2025
                      Arising Out of PS. Case No.-33 Year-2011 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Yogendra Yadav @ Yogendra Kumar S/O Ramjee Yadav @ Ramjee Prasad
                 Yadav R/O Village- Bardiha, P.S.- Tankuppa, Distt.- Gaya
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Madhav Kumar, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   09-01-2026                        Heard Mr. Madhav Kumar, learned counsel for

                   the Petitioner and Mr. Arun Kumar Pandey, learned APP for the

                   State.

                                 2. Petitioner seeks regular bail in connection with S.

                   Tr.    No.     473/2015/357/2023          arising     out    of     Barachatti

                   (Mohanpur) P.S. Case No. 33 of 2011 dated 04.02.2011

                   registered for the offences punishable under Sections 395 and

                   412 of the Indian Penal Code.

                                3. The main submissions advanced by the petitioner’s

                   counsel are that the petitioner was earlier granted bail by the

                   trial court itself, and thereafter, his bail bonds were cancelled

                   when he did not remain present at the time of framing of the

                   charges on 17.05.2016 but in fact, the petitioner had gone

                   outside his State to earn his livelihood, due to that reason, he

                   could not remain present on the dates of his case before the trial
Patna High Court CR. MISC. No.86807 of 2025(2) dt.09-01-2026
                                            2/3




          court, and that absence was not intentional, however, the

          petitioner has suffered a lot and is ready to cooperate in the trial.

          It is lastly submitted that charges have been framed against the

          petitioner, and he has been languishing in jail since 07.10.2025,

          and he bears no criminal antecedent.

                       4. Learned APP for the State has opposed the prayer

          for bail of the petitioner.

                       5. Considering the petitioner’s custody period, as well

          as his oral undertaking to cooperate before the trial court during

          his trial, coupled with the fact that the petitioner’s trial has

          started after framing of charges against him, this Court is

          inclined to release him on bail. 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. Tr. No. 473/2015/357/2023 arising out of

          Barachatti (Mohanpur) P.S. Case No. 33 of 2011 on the

          following conditions:-

                       (i) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the trial

          Court and shall remain physically present as and when directed

          by the trial Court failing which, in case of his absence on
           Patna High Court CR. MISC. No.86807 of 2025(2) dt.09-01-2026
                                                       3/3




                     two consecutive dates without sufficient reason, his bail bond

                     shall be cancelled by the trial Court.

                                  (ii) If the petitioner tampers with the evidence or

                     influences the witnesses, in that case, the prosecution will be at

                     liberty to move for cancellation of his bail.

                                  (iii) One of the bailors shall be a close relative of the

                     petitioner who has sworn affidavit in this miscellaneous petition.



                                               (Shailendra Singh, J)

maynaz/-

U     T


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