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Patna High Court

Rajendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants bail to the petitioner subject to a bond of Rs. 15,000 and two sureties, with conditions of appearance.

Summary

Petitioner Rajendra Yadav was arrested in connection with a case under Section 317(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act for possession of a large quantity of powdered hemp. An earlier application for regular bail was rejected, and he has been in custody since 20 September 2024, with only two of five charge‑sheeted witnesses examined. The petitioner argued that continued pre‑trial detention violated his fundamental right to liberty under Article 21 of the Constitution. The State opposed bail, citing the seriousness of the offence. The High Court, noting the prolonged detention, limited progress of the trial, and that co‑accused had been granted bail, held that continued incarceration would be punitive and contrary to Article 21, and therefore granted bail with a bond of Rs. 15,000 and two sureties, subject to conditions of appearance.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offence and recovery of a large quantity of powdered hemp.
  • Whether continued pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution.
  • Whether the limited examination of witnesses and prolonged custody justify granting bail.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • right to liberty
  • narcotics
  • prohibition law
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88626 of 2025
                        Arising Out of PS. Case No.-324 Year-2024 Thana- DESARI District- Vaishali
                 ======================================================
                 Rajendra Yadav Son of Late Satram Yadav @ Sant Ram Pure Bhikhari Singh
                 Resident of village- Samseriya PS -Musafir Distt -Amethi UP

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shanti Bhushan Singh, Advocate
                 For the Opposite Party/s :        Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   11-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2.     The petitioner seeks bail in connection with Desari

                   (Chandpura O.P.) P.S. Case No. 324 of 2024 instituted for the

                   offence under Sections 317(5) of the Bharatiya Nyaya Sanhita,

                   2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

                             3. Earlier vide order dated 05.05.2025 passed in Cr.

                   Misc. No. 89537 of 2024, regular bail of the petitioner was

                   rejected by this Court considering the nature of accusation as

                   well as recovery of huge quantity of powdered hemp.

                             4. Learned counsel for the petitioner submits that the

                   present one is the second attempt for grant of regular bail to the

                   petitioner. It is mainly submitted that charge in this case charge
Patna High Court CR. MISC. No.88626 of 2025(4) dt.11-03-2026
                                            2/3




          has been framed on 23.08.2025 and only two wintesses have

          been examined out of five charge-sheeted witnesses which is

          evident from the report sent by the learned court below. It has

          been submitted on behalf of the petitioner that the petitioner is

          in custody since 20.09.2024. 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.

          The co-accused persons have already been granted bail by this

          Court vide order dated 22.09.2025 passed in Cr. Misc. No.

          55636 of 2025 and Cr. Misc. No. 55702 of 2025.

                   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
           Patna High Court CR. MISC. No.88626 of 2025(4) dt.11-03-2026
                                                       3/3




                     petitioner.

                              7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Desari (Chandpura

                     O.P.) P.S. Case No. 324 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)
Alok Verma/-

U      T


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