Patna High Court
Santosh Yadav @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed, but the trial is to be bifurcated from that of the co‑accused.
Summary
Santosh Yadav was arrested in connection with a case involving murder, wrongful restraint, criminal conspiracy, common intention and illegal possession of arms, and has been in judicial custody since September 2023. The petitioner sought bail and requested that his trial be separated from that of co-accused Upendra Kumar, arguing that the trial was delayed due to the co-accused's non‑appearance. The High Court noted that 12 witnesses remained to be examined and the trial was expected to conclude within the next six to twelve months, but found no fresh ground to grant bail. Consequently, the bail petition was rejected. However, the Court directed the trial court to bifurcate the petitioner’s trial from the co‑accused’s and to proceed without unnecessary adjournments.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the offences and the stage of trial
- Whether the trial of the petitioner can be bifurcated from that of the co‑accused
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34, 341
Subjects
- bail
- judicial custody
- trial bifurcation
- IPC
- Arms Act
- co‑accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18646 of 2026
Arising Out of PS. Case No.-209 Year-2023 Thana- HALSI District- Lakhisarai
======================================================
Santosh Yadav @ Santosh Kumar S/O Saryug Yadav R/O Vill.- Dhira, P.S.-
Halsi, Dist.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 01-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Halsi P.S.
Case No. 209 of 2023 instituted for the offences under Sections
341, 302, 120B, 34 of the Indian Penal Code and Section 27 of
the Arms Act.
3. Earlier, vide order dated 31.01.2025 passed in Cr.
Misc. No. 73208 of 2024, regular bail of the petitioner was
rejected by this Court considering the nature of accusation and
gravity of offence.
4. In compliance of the order dated 18.03.2026 a report
Patna High Court CR. MISC. No.18646 of 2026(3) dt.01-05-2026
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dated 18.04.2026 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
that 12 witnesses are yet to be examined. It is further appears
that trial is expected to be concluded in the next 6-12 months.
5. Learned counsel for the petitioner submits that the
petitioner has been languishing in judicial custody since
19.09.2023 without any justifiable cause. It is further submitted
that there has been no progress in the trial owing to the non-
appearance of the co-accused, namely, Upendra Kumar. Learned
counsel, therefore, prays that the trial of the petitioner be
bifurcated from that of the said co-accused.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. Upon consideration of the submissions made and
materials available on record, this Court finds that no fresh
ground has been made out to consider the bail petition of the
petitioner.
8. Accordingly, the prayer for grant of bail to the
petitioner stands rejected.
9. However, in the interest of justice, the learned Trial
Court is directed to bifurcate the trial of the petitioner from that
of the co-accused, Upendra Kumar, and to proceed with and
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3/3
conclude the same expeditiously, without granting any undue or
unnecessary adjournments.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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