Patna High Court
Pawan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed as there is no fresh ground to revisit the earlier merit-based denial.
Summary
Petitioner Pawan Yadav, arrested in connection with offences under Sections 126(2), 115(2), 351(2), 303(2), 3(5) and later 103(1) of the Bharatiya Nyaya Sanhita, 2023, has been in judicial custody since 24 January 2025. He previously applied for bail, which was denied on merit on 12 August 2025. The petitioner filed a second bail application, claiming no criminal antecedent and that the trial would not conclude soon. The State opposed the bail, arguing there is no new ground to revisit the earlier decision. The Court held that the bail petition cannot be entertained afresh without any new material and therefore rejected the application, directing the lower court to expedite the trial within five months and allowing the petitioner to re‑apply if the trial is not concluded.
Issues considered
- What is the effect of a prior bail denial on a subsequent bail application when no new ground is raised?
- Whether the petitioner is entitled to bail in the absence of new material despite prolonged judicial custody?
- Whether the trial can be directed to be completed within a specified period to protect the petitioner’s liberty
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 126(2), 303(2), 3(5), 351(2)
Subjects
- bail
- judicial custody
- Bharatiya Nyaya Sanhita
- repeat bail application
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10628 of 2026
Arising Out of PS. Case No.-219 Year-2024 Thana- KATORIYA District- Banka
======================================================
Pawan Yadav S/o- Baijnath Yadav Village- Gora PS- Banka District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Katoriya P.S. Case No. 219 of 2024 instituted for the offences
under Sections 126(2), 115(2), 351(2), 303(2) & 3(5) of the
Bharatiya Nyaya Sanhita, 2023. Subsequently, Section 103(1) of
the BNS was added.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected on merit by this Court vide order
dated 12.08.2025, passed in Cr. Misc. No. 29157 of 2025, taking
into account the direct allegation of assault against the
petitioner.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.10628 of 2026(2) dt.13-02-2026
2/2
petitioner is languishing in judicial custody since 24.01.2025,
without any rhymes or reason, having no criminal antecedent.
Learned counsel for the petitioner submits that there is no
likelihood of the trial being concluded in the near future, hence,
petitioner may be enlarged on bail.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no new ground to consider the bail petition
of the petitioner, which is already decided by this Court on
merit.
8. In view of the above, the prayer for bail of the
petitioner 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 petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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