Patna High Court
Badasah Yadav @ Balshah YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
Holding
Bail is not to be granted; the trial must be expedited and the appellant remains in custody.
Summary
Badasah Yadav was charged under Sections 302 and 34 of the Indian Penal Code and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act for murder. He applied for bail, which was rejected by the Additional Sessions Judge and later by this Court, which allowed renewal only after nine months. The appellant has been in judicial custody since 28‑10‑2023 and contended that his detention was without reason. The trial is at an advanced stage – nine prosecution witnesses have been examined, prosecution evidence closed, and defence evidence pending, with the trial expected to conclude within two months. The Court found no fresh ground to grant bail, noting the seriousness of the offence and the appellant’s five prior criminal antecedents, and therefore again denied bail, directing the lower court to expedite the trial within one month and permitting a fresh bail application if the trial is not concluded.
Issues considered
- Whether bail can be granted at an advanced stage of trial for offences under IPC 302/34 and the SC/ST Act.
- Whether the appellant’s continued judicial custody without any fresh ground violates his right to liberty.
- Whether the direction to expedite the trial within a month is appropriate and lawful.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 313
- Indian Penal Code — s. 302, 34
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
Subjects
- bail
- murder
- SC/ST Act
- criminal antecedents
- trial stage
- judicial custody
- high court
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2380 of 2025
Arising Out of PS. Case No.-530 Year-2023 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Badasah Yadav @ Balshah Yadav S/O Hardev Choudhary Resident of village-
Narayanpur, P.S.-Kuchaikote, District - Gopalganj.
... ... Appellant/s
Versus
1. The State of Bihar
2. Usha Devi W/O Manoj Ram R/O Village- Narayanpur, P.S- Kuchaikote,
Distt- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Dewanand Tiwari, Advocate
For the Respondent/s : Mrs.Usha Kumari 1, S.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 29-01-2026 Heard learned counsel for the petitioner and learned
S.P.P for the State.
2. The instant appeal has been filed by the appellant
against the order dated 20.03.2025, passed by Addl. Sessions
Judge-XI-cum- Exclusive Special Judge, SC/ST Act, Gopalganj,
whereby the prayer for bail of the appellant in connection with
Kuchaikote P.S. Case No. 530 of 2023, under Section 302/34 of
the Indian Penal Code and Section 3(2)(v) of the SC/ST Act was
rejected.
3. Earlier vide order dated 16.05.2024 passed in Cr.
Appeal (SJ) No. 330 of 2024, regular bail of the appellant was
rejected by this Court considering the nature and gravity of the
Patna High Court CR. APP (SJ) No.2380 of 2025(3) dt.29-01-2026
2/3
offence and the appellant having five criminal antecedents, with
a liberty to renew the prayer after nine months if the trial is not
concluded.
4. In compliance of the order dated 27.06.2025, a report
dated 17.07.2025 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
that altogether nine prosecution witnesses have been examined
and evidence of prosecution has been closed on 28.11.2025 and
statement under section 313 Cr.P.C. was recorded on
12.12.2024. It is further reported that record is running for
evidence for defence. The trial is expected to conclude within
two months.
5. Learned counsel for the appellant submits that the
appellant is languishing in judicial custody since 28.10.2023
without any rhymes or reason.
6. Learned Special P.P. for the State opposes the prayer
for grant of bail.
7. There is no fresh ground to consider the bail petition
of the appellant. From the aforesaid report, it appears that the
trial is going on and is at an advance stage.
8. In view of the above, the prayer for bail of the
appellant is again rejected with a direction to the court below to
Patna High Court CR. APP (SJ) No.2380 of 2025(3) dt.29-01-2026
3/3
expedite the trial and conclude the same expeditiously
preferably within a period of one month from today. If the trial
is not concluded within the period of one month, as stated
above, the appellant will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…