Patna High Court
Ramanand Yadav @ Mojo YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail is granted to the petitioner as the delay in trial violates his right to a speedy trial.
Summary
Ramanand Yadav (also known as Mojo Yadav) was arrested in connection with Patarghat P.S. Case No.156/2024 for offences under several sections of the Bharatiya Nyay Sanhita and the Arms Act and has been in custody since 6 September 2024. He filed a second bail petition after an earlier petition was rejected, relying on the fact that a co‑accused, Ram Kumar Yadav, was later granted bail due to the slow progress of the trial. The petitioner contended that his continued detention violated his constitutional right to a speedy trial under Article 21. The Court observed that by 16 January 2026 only four of twelve witnesses had been examined, indicating a substantial delay, and noted the precedent of bail being granted to the similarly situated co‑accused. Applying the provisions of Section 437(3) of the Criminal Procedure Code and Section 480(3) of the Bharatiya Nyay Sanhita, the Court held that the petitioner’s right to speedy trial warranted bail. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the usual conditions.
Issues considered
- Whether the petitioner is entitled to bail on the ground of violation of the right to a speedy trial under Article 21 of the Constitution
- Whether the delay in trial proceedings justifies the grant of bail under Section 437(3) Cr.P.C. and Section 480(3) BNSS
Legislation cited
- Arms Act — s. 25(1-B), 26, 27
- Bharatiya Nyay Sanhita — s. 103(1), 115, 126(2), 3(5), 351(2), 354, 480(3), 61
- Criminal Procedure Code — s. 437(3)
Subjects
- bail
- speedy trial
- Article 21
- Criminal Procedure Code
- Bharatiya Nyay Sanhita
- Arms Act
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9870 of 2026
Arising Out of PS. Case No.-156 Year-2024 Thana- Patarghat District- Saharsa
======================================================
Ramanand Yadav @ Mojo Yadav S/O Late Chhedi Yadav Resident of
Narayanpur, P.S.- Purpari, Dist- Saharsa. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Chandra Shekhar Singh, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
For the Informant : Mr. Pramod Mishra, Advocate
Mr. Prasoon Kumar, Advocate
Mr. Sumit Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with
Patarghat P.S. Case No. 156/2024 registered for the offences
under Sections 126(2), 115, 103(1), 61, 354, 351(2) and
3(5) of Bharatiya Nyay Sanhita and Sections 25(1-B), 26 and
27 of Arms Act.
3. The accused/petitioner is named in the F.I.R. and
is in custody since 06.09.2024.
4. Learned counsel appearing on behalf of the
petitioner submitted that this is the second successive bail
petition of the petitioner after rejection of earlier prayer of
bail through Cr. Misc. No. 5791 of 2025 vide its order dated
Patna High Court CR. MISC. No.9870 of 2026(2) dt.12-02-2026
2/3
22.07.2025 on the sole ground that the prayer of regular bail
of one of the similarly situated co-accused, namely, Ram
Kumar Yadav was rejected by one of the learned co-ordinate
Bench of this Court through Cr. Misc. No. 9559 of 2025 dated
1804.2025. It is submitted that the bail prayer of said co-
accused Ram Kumar Yadav on second consideration was
allowed by one of the learned co-ordinate Bench of this Court
through Cr. Misc. No. 86908 of 2025 dated 16.01.2026,
considering the delay in trial as till 16.01.2026 only four
witnesses were examined out of 12.
5. In view of aforesaid, as petitioner is in custody
since 06.09.2024, where progress of trial suggest that same
is not likely to conclude in near future, which appears in
violation of fundamental right of the petitioner qua speedy
trial in terms of Article 21 of the Constitution of India,
accordingly, petitioner above named, is directed to be
released on bail in connection with Patarghat P.S. Case No.
156/2024, on furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to
the satisfaction of learned District and Additional Sessions
Patna High Court CR. MISC. No.9870 of 2026(2) dt.12-02-2026
3/3
Judge-II, Saharsa/concerned Court, subject to the conditions
as mentioned under Section 437(3) of the Cr.P.C./Section
480(3) of BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.