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Patna High Court

Ganesh YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                             2/3




          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
                                                        3/3




                     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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