Ramanand Yadav @ Mojo Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Ramanand Yadav @ Mojo Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner 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 Judge-II, Saharsa/concerned Court, subject to conditions under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

Issue for consideration

Whether the petitioner, named in the F.I.R. and in custody since 06.09.2024 in connection with Patarghat P.S. Case No. 156/2024, is entitled to regular bail in view of the delay in trial, engaging his fundamental right to speedy trial under Article 21 of the Constitution of India. +1 more

Court's answer

Since the petitioner is in custody since 06.09.2024 and the progress of trial suggests it is not likely to conclude in the near future, his continued detention appears violative of his fundamental right qua speedy trial in terms of Article 21 of the Constitution of India.

Ratio / Principle

Accordingly, the petitioner was directed to be released on bail in connection with Patarghat P.S. Case No. 156/2024 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, subject to the conditions mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

Detailed headnote1 paragraphs

Bail granted — second successive regular bail application — Patarghat P.S. Case No. 156/2024, District Saharsa, under Sections 126(2), 115, 103(1), 61, 354, 351(2) and 3(5) of the Bharatiya Nyay Sanhita and Sections 25(1-B), 26 and 27 of the Arms Act — petitioner named in F.I.R., in custody since 06.09.2024 — earlier bail prayer rejected on 22.07.2025 in Cr. Misc. No. 5791 of 2025 solely because co-accused's bail had been rejected — co-accused Ram Kumar Yadav subsequently granted bail on second consideration (Cr. Misc. No. 86908 of 2025, dated 16.01.2026) on the ground of delay in trial, only four of twelve witnesses having been examined — trial not likely to conclude in near future — continued custody held violative of fundamental right to speedy trial under Article 21 of the Constitution — bail allowed on personal bond of Rs.10,000/- with two sureties of like amount, subject to conditions under Section 437(3) Cr.P.C./Section 480(3) BNSS (Chandra Shekhar Jha, J., 12-02-2026).

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

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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.

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.

The accused/petitioner is named in the F.I.R. and is in custody since 06.09.2024.

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 coaccused 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.

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/-

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