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Patna High Court

Dharmendra Yadav @ Dharmendra Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner, finding that the circumstances warranted his release pending trial.

Summary

The petitioner, Dharmendra Yadav, was charged under several sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act in a case registered in 2014. He applied for regular bail, arguing that only four of the eleven prosecution witnesses had been examined, the injured witness had turned hostile, and co‑accused persons had already been granted bail. The State opposed the bail, but the court noted the petitioner’s clean antecedent, the prolonged custody since May 2023, and the lack of incriminating testimony against him. Considering these factors, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of cooperation and non‑tampering with evidence. The bail order was issued with the provision that the trial court may cancel the bail if the petitioner absents himself for two consecutive dates or interferes with the trial.

Issues considered

  • What are the criteria for granting regular bail to an accused in a case where the trial is ongoing and only a few witnesses have been examined?

Legislation cited

Subjects

  • regular bail
  • bail conditions
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • witness examination
  • co‑accused bail
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89666 of 2025
                      Arising Out of PS. Case No.-271 Year-2014 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Dharmendra Yadav @ Dharmendra Kumar Yadav S/o Rameshwar Yadav R/o
                 Mohalla- Rai Jay Krishna Road, Gurhatta, Bakhshi Mohalla, P.S- khajekalan,
                 Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anuj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   18-03-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offences punishable under Sections 191, 191(3), 190,

                   118(1), 109, 303(2), 103(1), 61(2) of Bharatiya Nyaya Sanhita

                   and Section 27 of the Arms Act.

                                3. From perusal of the report of the Trial Court, it

                   appears that out of 11 prosecution witnesses, only 4 witnesses

                   have been examined.

                                4. Learned counsel for the petitioner submits that

                   earlier the prayer for bail of the petitioner was rejected twice by

                   this Court firstly vide order dated 30.01.2024 in Cr. Misc. No.

                   68781 of 2023 and secondly vide order dated 05.03.2025 in Cr.
Patna High Court CR. MISC. No.89666 of 2025(4) dt.18-03-2026
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          Misc. No. 26022 of 2024 with direction to learned Trial Court to

          expedite the trial of the case. He further submits that the injured

          witness, namely, Prakash Kumar has not made any allegation

          against the petitioner and has turned hostile. Out of 11

          prosecution witnesses, only 4 witnesses have been examined till

          date and it is not expected to conclude the trial in near future.

          Similarly situated co-accused persons, namely, Sumit Yadav and

          Bablu Gope @ Bablu Yadav have already been granted regular

          bail by different Co-ordinate Benches of this Court vide orders

          dated 10.07.2019 and 23.10.2019 passed in Cr. Misc. Nos.

          19047 of 2019 and 50443 2019 respectively. Petitioner is in

          custody since 18.05.2023 having no criminal antecedent and he

          undertakes to co-operate in the trial.

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

          application of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, report of the Trial Court that till date, only four

          witnesses have been examined out of 11 witnesses, injured

          witness has not made any allegation regarding involvement of

          the petitioner, similarly situated co-accused persons have been

          granted bail, clean antecedent of the petitioner and period of

          custody undergone, let the above named petitioner be released
            Patna High Court CR. MISC. No.89666 of 2025(4) dt.18-03-2026
                                                        3/3




                      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 Judicial Magistrate-I, Patna City/concerned Court in

                      connection with Khajekalan P.S. Case No. 271 of 2014 with

                      further conditions:-

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

                      remain present on each and every date during trial and in his

                      absence on two consecutive dates, the trial court is at liberty to

                      cancel his bail bond.

                                   (ii) If the petitioner tampers with the evidence or the

                      witnesses of the case, in that case, prosecution will be at liberty

                      to move for cancellation of bail of the petitioner.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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