Patna High Court
Ganesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PARTHA SARTHY
Holding
The appeal is dismissed and bail is not granted.
Summary
Ganesh Yadav appealed to the Patna High Court under section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act seeking regular bail for offences including murder, attempt to murder, rioting, and illegal possession of arms. The prosecution alleged that he opened fire on an informant, injured Gaurav Kumar, and caused the death of Rikesh Yadav. The trial court had closed prosecution evidence on 10 September 2025, recorded the accused’s statement on 10 November 2025, and was yet to hear defence witnesses. The appellant argued that he had been in custody for over six years without trial completion and was willing to comply with bail conditions. The High Court, noting the seriousness of the charges and the stage of the trial, refused to grant bail and ordered the trial court to conclude the remaining proceedings within three months.
Issues considered
- Whether regular bail should be granted to the appellant under section 14(A)(2) of the SC/ST (Prevention of Atrocities) Act given the nature of the offences and the pendency of the trial.
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 313
- Indian Penal Code — s. 120B, 147, 148, 149, 302, 307, 326
- SC/ST (Prevention of Atrocities) Act — s. 14(A)(2), 3(2)(v)
Subjects
- bail
- SC/ST Act
- atrocity
- IPC offences
- trial delay
- regular bail
- criminal appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4713 of 2025
Arising Out of PS. Case No.-113 Year-2019 Thana- SALAKHUA District- Saharsa
======================================================
Ganesh Yadav Son of Surya Narayan Yadav Resident of Village- Paraswanni
Dobhiya Tola Ward No. 11, P.S.- Salkhua (O.P. Banma Ithari), Diustrict-
Saharsa
... ... Appellant/s
Versus
1. The State of Bihar
2. Opisar Paswan S/o Bishundeo Paswan R/o Village- Paraswanni Dobhiya
Tola Ward No. 11, P.S.- Salkhua (O.P. Banma Ithari), District- Saharsa
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Mishra, Advocate
For the Respondent/s : Mr. Binay Krishna, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
6 11-03-2026 Heard learned counsel for the parties.
2. By the instant appeal filed under section 14(A)(2)
of the SC and ST (Prevention of Atrocities) Act, the appellant
has renewed his prayer for grant of regular bail in connection
with Special Case no.97 of 2019 arising out of Salkhua (Banma
Ithari O.P) Case No. 113 of 2019 registered under sections 147,
148, 149, 307, 326, 302 and 120B of the Indian Penal Code,
section 27 of the Arms Act and section 3(2)(v) of the SC and ST
(Prevention of Atrocities) Act.
3. As per the prosecution case, while the informant
and others were sleeping at about 1 am in the night they woke
Patna High Court CR. APP (SJ) No.4713 of 2025(6) dt.11-03-2026
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up on the sound of firing. It is stated that the informant saw in
the light of bulb that it was the appellant who opened fire upon
Gaurav Kumar hitting him on his hand. He ran and entered into
the house of Rikesh Yadav to save his life. It is further stated
that on Rikesh Yadav coming out of his house, the accused
persons also fired at him as a result of which he died on spot.
4. It is submitted by learned counsel appearing for the
appellant that the appellant has a good case on merits. Inspite of the
appellant having remained in custody for more than six years since
8.12.2019, the trial has still not concluded nor is there any chance of
the same concluding in the near future. The appellant undertakes to
cooperate in the trial and to abide by any conditions which may be
laid by this Court for his release on bail.
5. The appeal is opposed by learned Special Public
Prosecutor for the State.
6. A report with respect to the stage of the trial was
called for from the learned trial Court. As per the report received
contained in letter dated 9.12.2025 of the District & Additional
Sessions Judge-1st-cum-Special Judge SC/ST, Saharsa, after
examination of ten witnesses on behalf of the prosecution, the
prosecution evidence has been closed on 10.9.2025 and the
statement of the accused has also been recorded under section
Patna High Court CR. APP (SJ) No.4713 of 2025(6) dt.11-03-2026
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313 of the Cr.P.C. on 10.11.2025. The case was fixed for the
evidence of the defence witnesses.
7. Having heard learned counsel for the parties and
taking into consideration the allegations against the appellant,
the progress in the trial in the learned trial Court wherein the
prosecution evidence has been closed and the statement of the
accused has also been recorded under section 313 of the Cr.P.C.,
the Court is not inclined to enlarge the appellant on bail and the
appeal is rejected.
8. Learned trial Court is directed to expedite the trial
and to conclude the same within a period of three months from
the date of closure of the examination of defence witness.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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