Allowed

Guddu Kumar Yadav v. The State of Bihar

Patna HC3 Jul 2026CR. MISC./28865/2026

Case brief

AI extract

What is this about?

Second regular bail application under Sections 304(B) and 34 IPC arising from a dowry death case. With charge framed but no witnesses examined and prolonged custody, the court held continued detention would amount to punitive pretrial incarceration contrary to Article 21 and granted bail with conditions.

What did the court decide?

Bail granted on Rs. 15,000 bond with two sureties; one bailor to be close family member; liberty to Trial Court to cancel bonds for default on two consecutive dates.

Guddu Kumar Yadav Vs The State of Bihar — Dowry and Cruelty | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28865 of 2026

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Arising Out of PS. Case No.-61 Year-2024 Thana- DHANGAI District- Gaya

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======================================================

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Guddu Kumar Yadav S/O Rampati Yadav R/O Village- Rebda, Tola- Nayaka, PS- Dhanghai, District- Gayaji

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 03-07-2026 Heard Mr. Rakesh Singh, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State.

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The petitioner seeks bail in connection with Session Trial Case No. 199 of 2026 arising out of Dhanghai P.S. Case No. 61 of 2024 instituted for the offence under Sections 304(B) & 34 of the Indian Penal Code. Earlier vide order dated 01.09.2025, passed in Cr. Misc. No. 44400 of 2025, regular bail of the petitioner was rejected by this Court taking into account the nature of accusation and gravity of the offence, with a liberty to renew the prayer after six months if the trial is not concluded.

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Learned counsel for the petitioner submits that the present one is the second attempt for grant of regular bail to the

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Patna High Court CR. MISC. No.28865 of 2026(3) dt.03-07-2026 2/3

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petitioner. It is mainly submitted that charge in this case is framed and no witness has been examined in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.06.2024, having no criminal antecedent. 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.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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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.

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Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties

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Patna High Court CR. MISC. No.28865 of 2026(3) dt.03-07-2026 3/3

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of the like amount each to the satisfaction of Court below/concerned Court in connection with Session Trial Case No. 199 of 2026 arising out of Dhanghai P.S. Case No. 61 of

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2024, subject to the following conditions:

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(I) One of the bailors shall be own/close member of the family of the petitioner.

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(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.

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(Rudra Prakash Mishra, J)

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Raj Kishore/-

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U T

Guddu Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Guddu Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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