Patna High Court
Jagjeevan Yadav @ Jaggan Yadav@ Jagan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail, holding that continued pre‑trial detention serves no purpose and infringes Article 21.
Summary
Jagjeevan Yadav was arrested in connection with a case involving offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault with a pistol. An earlier bail application was rejected because he had assaulted an informant. He filed a second bail petition, arguing that the charge‑sheet is filed, witnesses have not been examined, he has been in custody since 10‑Nov‑2024, and the trial is unlikely to conclude soon, violating his Article 21 right to liberty. The State opposed the bail. The Court, noting the prolonged pre‑trial detention and its punitive nature, granted bail on condition of a Rs.15,000 bond with two sureties and compliance with appearance requirements.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences and prior denial of bail
- Whether continued pre‑trial detention violates the petitioner’s right to liberty under Article 21 of the Constitution
- Whether the delay in trial and lack of witness examination justify granting bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 304, 3(5), 352
Subjects
- bail
- pre‑trial detention
- Article 21
- criminal procedure
- Bharatiya Nyaya Sanhita
- right to liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89593 of 2025
Arising Out of PS. Case No.-244 Year-2024 Thana- PASRAHA District- Khagaria
======================================================
Jagjeevan Yadav @ Jaggan Yadav@ Jagan Yadav Son of Sikandar Yadav R/o
Village - Bandhera, P.S. - Pasraha, Dist. - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 16-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with S.T.
No. 179 of 2025 arising out of Pasraha P.S. Case No. 244 of
2024, G.R. No. 3143 of 2024 instituted for the offence under
Sections 126(2), 115(2), 117(2), 109, 304, 352, 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. Earlier vide order dated 06.03.2025 passed in Cr.
Misc. No. 13132 of 2025 regular bail of the petitioner was
rejected by this Court considering the fact that petitioner
assaulted the informant by means of pistol causing injuries to
him.
3. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.89593 of 2025(2) dt.16-01-2026
2/3
present one is the second attempt for grant of regular bail to the
petitioner. It is mainly submitted that charge-sheet has been
submitted and charge has already been framed but still none of
the witnesses have been examined, which is evident from the
impugned order itself. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 10.11.2024.
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.
4. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
5. 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.
Patna High Court CR. MISC. No.89593 of 2025(2) dt.16-01-2026
3/3
6. 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 S.T. No. 179 of
2025 arising out of Pasraha P.S. Case No. 244 of 2024, G.R. No.
3143 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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