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Patna High Court

Prabhu YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal was dismissed and bail was not granted.

Summary

The appellant, Prabhu Yadav, was charged under multiple sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act for serious offences including murder, attempt to murder and offences against the person. His bail application was rejected by the Additional Sessions Judge, prompting an appeal to the Patna High Court. The appellant argued innocence and the need for bail due to the prolonged custody, while the State and the informant contended that the trial was nearing completion and cited Supreme Court precedent discouraging bail in serious cases once trial has commenced. The High Court, relying on the principle that courts should be loath to grant bail for serious offences when the trial is advanced, dismissed the appeal and ordered the trial court to expedite the proceedings. No bail was granted.

Issues considered

  • Whether bail can be granted to an accused of serious offences when the trial is on the verge of conclusion.
  • Whether the Supreme Court's observation in X v. State of Rajasthan (2024) is applicable to deny bail in the present case.

Legislation cited

Subjects

  • bail
  • serious offences
  • Indian Penal Code
  • SC/ST Act
  • high court appeal
  • trial expeditious
  • precedent

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.4791 of 2025
                      Arising Out of PS. Case No.-48 Year-2024 Thana- MARAUNA District- Supaul
                 ======================================================
                 Prabhu Yadav S/O Ramdas Yadav R/O- Vill- Kamrail Bhagwait Tola, P.S-
                 Marauna, Distt- Supaul.

                                                                                 ... ... Appellant/s
                                                      Versus
           1.    The State of Bihar
           2.    Ugranarayan Chaupal S/O Ramdev Chaupal R/O Village- Bhagwit, P.S-
                 Marauna, Distt.- Supaul.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Ms. Priyanka Singh, Advocate
                 For the Respondent/s   :        Mr. Sadanand Paswan, SPP
                 For the Informant      :        Mr. Amarnath Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   05-02-2026             Heard learned counsel for the appellant, learned Special

                   Public Prosecutor for the State and learned counsel for the

                   informant.

                           2.     The instant appeal has been filed by the appellant

                   against the order dated 10.11.2025 passed by learned Additional

                   Sessions Judge-I-cum-Special Judge, SC/ST, Supaul whereby

                   the prayer for bail of the appellant in connection with Marauna

                   PS Casse No. 48 of 2024 under Sections 147, 148, 149, 341,

                   323, 324, 325, 307, 302, 504 & 506 of the Indian Penal Code

                   and Sections 3(1)(r)(s), 3(2)(v)(va) of SC/ST Act was rejected.

                   Earlier vide order dated 19.06.2025, passed in Cr. Appeal (SJ)

                   No. 22 of 2025, appeal of the appellant was dismissed by this
Patna High Court CR. APP (SJ) No.4791 of 2025(2) dt.05-02-2026
                                             2/3




          Court, taking into account the nature and gravity of the offence

          and trial is in progress.

                  3.      Learned counsel for the appellant submits that the

          appellant is innocent and has falsely been implicated in the

          present case. The appellant is in custody since 17.05.2024 and

          has six criminal antecedents. Learned counsel for the appellant

          submits that there is no likelihood of the trial being concluded in

          the near future, hence, appellant may be released on bail.

                  4.      Learned Special P.P. for the State and the informant

          have vehemently opposed the prayer for grant of bail to the

          appellant. It is mainly submitted that all the prosecution

          witnesses have been examined in this case and trial is on the

          verge of its conclusion. Learned APP has further relied upon a

          decision of the Hon’ble Apex Court reported in 2024 SCC

          Online SC 3539 (X. vs. State of Rajasthan & Anr.), wherein in

          paragraph No.14, Hon’ble Apex Court has observed as under:

                                                            “14.     Ordinarily     in
                                           serious offences like rape, murder,
                                           dacoity,       etc.,    once   the     trial
                                           commences and the prosecution starts
                                           examining its witnesses, the Court be
                                           it the Trial Court or the High Court
                                           should be loath in entertaining the
                                           bail application of the accused.”
           Patna High Court CR. APP (SJ) No.4791 of 2025(2) dt.05-02-2026
                                                        3/3




                             5.      Considering the aforesaid facts and circumstances

                     of the case and specifically taking into account the fact that trial

                     is on the verge of its conclusion, this Court is not inclined to

                     allow the appeal. Appeal is accordingly dismissed.

                             6.      The Trial Court is directed to expedite the trial as

                     expeditiously as possible without any undue delay and

                     unnecessary adjournments.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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