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Patna High Court

Ajay Kumar @ Ajay Yadav @ Jhapo Yadav @ Ajay Kumar YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was denied as the trial had commenced and no new ground for relief was shown.

Summary

The appellant, Ajay Kumar, was charged under several provisions of the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST Act for offences alleged in PS Case No. 79 of 2024. He applied for regular bail for the third time after earlier applications were rejected by the High Court. The court examined a trial report showing that only one of ten prosecution witnesses had been examined and that the trial was likely to conclude within a year. The appellant argued that he had been in judicial custody since January 2025 without antecedents and that the trial was not imminent, warranting bail. The State relied on a Supreme Court decision (X v. State of Rajasthan, 2024 SCC Online SC 3539) stating that bail is ordinarily denied once trial commences in serious offences. The High Court found no new ground for relief, noted that the trial had indeed commenced, and therefore rejected the bail application, directing the lower court to expedite the trial within five months, with a provision to re‑apply thereafter.

Issues considered

  • Whether bail should be granted to the appellant despite the commencement of trial in a serious offence case.
  • Whether the appellant's prolonged pre‑trial custody and lack of criminal antecedents justify bail.
  • Whether the Supreme Court precedent in X v. State of Rajasthan is applicable to deny bail in the present case.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • serious offences
  • trial commencement
  • SC/ST Act
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL APPEAL (SJ) No.986 of 2026
                       Arising Out of PS. Case No.-79 Year-2024 Thana- SIRARI District- Sheikhpura
                 ======================================================
                 Ajay Kumar @ Ajay Yadav @ Jhapo Yadav @ Ajay Kumar Yadav Son of
                 Late Yadu Yadav @ Late Yaddu Yadav Resident of Village- Mahsar, P.O.-
                 Bhadauns, P.S.- Sirari, District- Sheikhpura (Bihar)

                                                                                     ... ... Appellant/s
                                                         Versus
           1.    The State of Bihar
           2.    Sunita Devi Wife of Shiv Shankar Mahto @ Shiv Shankar Mahto Resident
                 of Village- Mahsar, P.S.- Sirari and District- Sheikhpura

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Nilendu Kumar Choudhary, Advocate
                 For the State            :        Mr. Binay Krishna, SPP
                 For the Informant        :        Mr. Anish Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   15-05-2026             Heard learned counsel for the appellant and learned SPP

                   for the State as also learned counsel for the informant.

                           2.       The instant appeal has been filed by the appellant

                   against the order dated 18.02.2026, passed by learned District

                   and Additional Sessions Judge-1st-cum-Special Judge, SC/ST

                   Act, Sheikhpura whereby the prayer for bail of the appellant in

                   connection with Sirari PS Case No. 79 of 2024 under Sections

                   191(2), 191(3), 190, 109 & 103(1) of the Bharatiya Nyaya

                   Sanhita, 2023, Section 27 of the Arms Act and Sections 3(1)(r)

                   (s) & 3(2)(va) of SC/ST Act was rejected.

                           3.       This is the third attempt of the appellant for bail.
Patna High Court CR. APP (SJ) No.986 of 2026(4) dt.15-05-2026
                                             2/3




          The appellant has renewed his prayer for grant of regular bail

          which was earlier rejected on merit by this Court vide order

          dated 11.09.2025, passed in Cr. Appeal (SJ) No. 2244 of 2025,

          taking into account specific and heinous nature of the allegation

          against the appellant. Again vide order dated 22.01.2026, passed

          in Cr. Appeal (SJ) No. 4770 of 2025, regular bail of the

          appellant was dismissed as withdrawn.

                  4.       In compliance of the order dated 10.04.2026, a

          report dated 17.04.2026, with regard to the present stage of trial

          has been received. From perusal of the aforesaid report, it

          appears that one (1) out of ten (10) prosecution witness is

          examined in this case. It is further reported that trial is likely to

          be concluded within a period of one year.

                  5.       Learned counsel for the appellant submits that the

          appellant is languishing in judicial custody since 27.01.2025,

          without any rhymes or reason, having no criminal antecedent.

          Learned counsel for the appellant submits that there is no

          likelihood of the trial being concluded in the near future, hence,

          petitioner may be enlarged on bail.

                  6.       Learned SPP for the State and learned counsel for

          the Informant opposes the prayer for grant of bail. Learned APP

          has further relied upon a decision of the Hon’ble Apex Court
           Patna High Court CR. APP (SJ) No.986 of 2026(4) dt.15-05-2026
                                                        3/3




                     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.”
                             7.       There is no new ground to consider the bail petition

                     of the petitioner. From the aforesaid report, it appears that the

                     trial has commenced.

                             8.       In view of the above, the prayer for bail of the

                     appellant is again rejected with a direction to the court below to

                     expedite the trial and conclude the same expeditiously

                     preferably within a period of five months from today. If the trial

                     is not concluded within the period of five months, as stated

                     above, the appellant will be at liberty to renew his prayer before

                     the court below.


                                                                   (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


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