Patna High Court
Dharmendra Yadav @ Dharmendra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 109, 118(1), 190, 191, 191(3), 303(2), 61(2)
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
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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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