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Patna High Court

Sharvan YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

The petitioner, Sharvan Yadav, husband of the deceased, was charged under Sections 304B, 302, 201, 34 and 120B of the IPC for alleged dowry death and murder. He had been in custody since September 7, 2019, amounting to roughly six years, with the trial still at the prosecution evidence stage and no realistic prospect of speedy conclusion. An earlier bail application had been rejected in February 2021. The petitioner argued that the prolonged detention and tardy progress of the trial warranted regular bail, while the State opposed the relief. Considering the extended period of custody, the delay in trial, and other circumstances, the Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether regular bail should be granted to an accused charged with serious offences (304B, 302, 201, 34, 120B IPC) after a prolonged period of pre‑trial detention.
  • Whether the delay in trial proceedings justifies the grant of bail despite the gravity of the charges.

Legislation cited

Subjects

  • regular bail
  • pre‑trial detention
  • IPC
  • 304B dowry death
  • 302 murder
  • trial delay
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87180 of 2025
                    Arising Out of PS. Case No.-382 Year-2018 Thana- JAGDISHPUR District- Bhagalpur
                 ======================================================
                 Sharvan Yadav S/O Haldar Yadav R/O Vill.- Tarchha, P.S.-Goradih, Distt-
                 Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Subodh Prasad , Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad , APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   27-01-2026                        Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                           2. Petitioner seeks regular bail in a case registered for the

                   offences punishable under Sections 304 B, 302, 201 , 34 and 120 B

                   of IPC .

                           3 . Earlier, the prayer for bail of the petitioner was rejected by

                   this Hon’ble Court vide order dated 24.02.2021 passed in Cr. Misc.

                   No. 40634 of 2020.

                           4. Learned counsel for the petitioner submitted that petitioner

                   is husband of the deceased. He is in custody since 07.09.2019 i. e ,.

                   about 6 years and trial is at stage of prosecution evidence . There is

                   no chance of conclusion of trial in the near future .

                           5 . Learned A.P.P. for the State vehemently opposes the bail

                   application .
            Patna High Court CR. MISC. No.87180 of 2025(2) dt.27-01-2026
                                                        2/2




                                   6. Considering the period of custody , tardy progress of

                      trial and other circumstances of the case , the bail application is

                      allowed . Let the above named petitioner 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 learned

                      Additional Session Judge V Bhagalpur in connection with

                      Jagdishpur (Goradih) P. S. Case No. 382 of 2018 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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