Dharmendra Singh @ Dharmendra Yadav @ Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76987 of 2025 Arising Out of PS. Case No.-25 Year-2023 Thana- SIGAUDI District- Patna ====================================================== Dharmendra Singh @ Dharmendra Yadav @ Mandal S/o Chandrashekhar @ Ramjee Yadav, Resident Of Village- Murarchak, PS- Sigori, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nityanand Neeraj, Adv.
Mr. K. Anjani Sinha, Adv.
For the Opposite Party/s :
Dr. Indiwar Kumari, APP For the Informant :
Mr. Ram Niraj Prasad, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 09-01-2026 Heard the learned Advocate for the petitioner, the learned Additional Public Prosecutor for the State as well as the learned Advocate for the informant.
2. This is the third attempt made on behalf of the petitioner, as earlier the prayer for bail of the petitioner was turned down by this Court, firstly on 20.09.2024 in Cr. Misc. No.42210 of 2024, taking note of the fact that the materials collected during the course of investigation clearly suggest the involvement of the petitioner, who is none else but the husband of the deceased, and the trial is already commenced. While negating the prayer for bail, this Court had extended liberty to the petitioner to renew his prayer for bail after six months, and in the meantime, it was expected that the Trial Court shall take
2/4 all endeavours to conclude the trial expeditiously.
3. The petitioner again renewed his prayer for bail in Cr. Misc. No. 25230 of 2025 after completion of six months, with a submission that out of eight witnesses, altogether five prosecution witnesses have been examined and after 27.06.2025 none of the witnesses was produced.
4. The Court, having considered the submissions, while rejecting the prayer for bail of the petitioner, again observed that the Trial Court shall take all sincere endeavour to conclude the trial, preferably within a period of three months, giving liberty to the petitioner to renew his prayer for bail in case of non-conclusion of the trial within the period stipulated.
5. Now, the prayer has been made that, despite the observation made by this Court, till date out of eight prosecution witnesses only six of them have been examined and there is no likelihood of conclusion of the trial in near future, inasmuch as the petitioner has been incarcerated since 17.03.2023. The petitioner undertakes that he will fully cooperate in the trial and would ensure his presence on each and every date.
6. Learned Advocate for the State and the informant vehemently opposed the bail application and submitted that besides the fact the petitioner is the husband of the deceased, the
3/4 unnatural death took place within seven years of marriage and, during the course of investigation, ample materials have been collected which suggest his complicity. Moreover, in course of trial, the witnesses have supported the prosecution case and now there is every likelihood that the trial would be concluded in a short span of time.
7. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the observations made by this Court in its previous orders dated 20.09.2024 and 27.06.2025 to take all sincere endeavours to conclude the trial, but till date out of eight witnesses only six of them have been examined and there is no likelihood of conclusion of the trial in near future as also the petitioner has been incarcerated for about three years, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-V, Danapur, Patna in connection with Sigaudi P.S. Case No. 25 of 2023 (in S.T. No.179/2024), subject to the condition that one of the bailors will be the close relatives of the petitioner with further following conditions:- (i) The petitioner will cooperate in conclusion of
4/4 the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(Harish Kumar, J) rohit/- U