Patna High Court
Sunarman YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner with a bond of Rs. 25,000 and two sureties, subject to cancellation on two consecutive non‑appearances.
Summary
The petitioner, Sunarman Yadav, was charged under Sections 147, 148, 149, 341, 323, 324, 354 and 302 of the Indian Penal Code in a case registered in 2021. He had earlier been granted regular bail in April 2023, subject to a condition that the trial court could cancel the bail if he attempted to delay the trial. On 26 September 2025 he could not appear in court for an unavoidable reason, leading to the cancellation of his bail and his custody from 11 October 2025. By March 2026, only four of the twelve prosecution witnesses had been examined and the next hearing was scheduled for 1 April 2026, leaving the petitioner in custody for over five months. The petitioner’s counsel argued that he would not abscond and that bail would facilitate his attendance at subsequent hearings. The State opposed the bail application. The court, after considering the submissions, ordered the release of the petitioner on bail with a bond of Rs. 25,000 and two sureties, subject to cancellation if he fails to appear on two consecutive dates.
Issues considered
- Whether the petitioner is entitled to regular bail despite the earlier cancellation of bail for non‑appearance.
- Whether the stage of trial and the petitioner’s custody for more than five months justify granting bail.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 323, 324, 341, 354
Subjects
- bail
- regular bail
- bail cancellation
- IPC offences
- trial delay
- surety
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87048 of 2025
Arising Out of PS. Case No.-90 Year-2021 Thana- PALANWA District- East Champaran
======================================================
Sunarman Yadav Son of Late Jokhan Yadav Resident of Village - Parsauna
Tapsi, P.S.- Palanwa, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh
For the Opposite Party/s : Mr.Amitesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 03-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 147, 148, 149, 341, 323,
324, 354 and 302 of Indian Penal Code.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case. It is next submitted that
petitioner had earlier moved before this Court seeking regular
bail by filing Cr. Misc No. 7881 of 2023 and the same came to
be allowed by an order dated 29-4-2023. It is further submitted
that the order dated 29-4-2023 in Cr. Misc No. 7881 of 2023
was hedged with a condition that if the learned trial court comes
to a conclusion that the petitioner after his release is trying to
delay the trial in any manner, the learned trial court shall
Patna High Court CR. MISC. No.87048 of 2025(3) dt.03-04-2026
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forthwith cancel his bail bonds after recording reasons.
4. Learned counsel for the petitioner submits that
petitioner, after grant of regular bail by order dated 29-4-2023 in
Cr. Misc No. 7881 of 2023, was appearing in the trial but on 26-
9-2025, the petitioner for unavoidable reason could not appear,
as such his bail bonds came to be cancelled and thereafter the
petitioner was taken in custody on 11-10-2025.
5. Learned counsel for the petitioner next submits that
the instant case was taken up on 11-3-2026, when a report with
regard to the stage of the trial was called for from the learned
trial court. It is further submitted that the report has been
received from the learned 3rd District & Additional Sessions
Judge, East Champaran, Motihari, contained in letter no. 109
wherein it is recorded that out of 12 prosecution witnesses, 4
witnesses have been examined and next date in the case is 1-4-
2026 for the evidence on behalf of the prosecution.
6. Learned counsel for the petitioner thus submits that
trial is going on and out of 12 prosecution witnesses, 4
witnesses have been examined and petitioner earlier was granted
the privilege of regular bail, but on one date, he could not
appear as a result of which his bail bonds was cancelled and
thereafter the petitioner was taken in custody and has remained
Patna High Court CR. MISC. No.87048 of 2025(3) dt.03-04-2026
3/3
in custody for more than five months. It is also submitted that if
privilege of regular bail is granted to the petitioner, the
petitioner will not abscond, rather will attend the trial on each
date fixed in the trial.
7. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
8. Considering the submission made by learned
counsel for the petitioner, let the petitioner above named be
released on bail on furnishing bail bond of Rs. 25,000/- (Rupees
Twenty-five Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Palanwa P.S. Case
No. 90 of 2021.
9. However, if the petitioner on two consecutive dates
does not appear in the trial, in that event, the learned trial court
shall be at liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
Sumit/-
U T
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