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Patna High Court

Kishori YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered the co‑accused to appear at each hearing and authorized cancellation of their bail bonds upon two consecutive unexplained absences.

Summary

Petitioner Kishori Yadav filed an application seeking a court observation to expedite the trial and to direct the co‑accused (Opposite Parties Nos. 2‑9) to appear on every date. The petitioner later withdrew the application for cancellation of bail after charges were framed. The Court permitted the withdrawal, but ordered that the co‑accused must appear at each hearing and warned that their bail bonds could be cancelled if they miss two consecutive dates without sufficient cause. The order was made to ensure a speedy trial. Consequently, the application was disposed of.

Issues considered

  • Whether the court may direct co‑accused to appear on every date of the trial.
  • Whether bail may be cancelled for failure to appear on two consecutive dates without substantial ground.
  • Whether the petitioner can withdraw the application for observation after charges are framed.

Subjects

  • bail
  • trial expeditious
  • court directions
  • non‑appearance
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23163 of 2025
                       Arising Out of PS. Case No.-270 Year-2024 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Kishori Yadav S/O Sukhdeo Yadav R/O Vill.- Sataua Beldari, P.S.- Giriyak,
                 Dist.- Nalanda

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Gorelal Yadav S/O Akalu Yadav R/O Vill.- Sataua, P.S.- Giriyak, Dist.-
                 Nalanda
           3.    Sanjay Yadav S/O Akalu Yadav R/O Vill.- Sataua, P.S.- Giriyak, Dist.-
                 Nalanda
           4.    Madhu Yadav S/O Rajendra Yadav R/O Vill.- Sataua, P.S.- Giriyak, Dist.-
                 Nalanda
           5.    Nitish Kumar S/O Gorelal Yadav R/O Vill.- Sataua, P.S.- Giriyak, Dist.-
                 Nalanda
           6.    Sudhir Yadav S/O Indradeo Yadav R/O Vill.- Sataua Beldari, P.S.- Giriyak,
                 Dist.- Nalanda
           7.    Kamlesh Yadav S/O Deo Yadav R/O Vill.- Tetarbigha, P.S.- Rajgir, Dist.-
                 Nalanda
           8.    Ritesh Yadav S/O Deo Yadav R/O Vill.- Tetarbigha, P.S.- Rajgir, Dist.-
                 Nalanda
           9.    Pappu Yadav S/O Indradeo Yadav R/O Vill.- Tetarbigha, P.S.- Rajgir, Dist.-
                 Nalanda

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Parijat Saurav, Advocate
                 For the Opposite Party/s :       Mr. Anil Prasad Singh, A.P.P
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   19-01-2026                   After some arguments, learned counsel appearing for

                   the petitioner prays for withdrawal of the present application

                   seeking an observation from this Court that the trial be

                   expedited and the Opposite Parties be directed to appear on each

                   and every date as the trial has commenced.
             Patna High Court CR. MISC. No.23163 of 2025(3) dt.19-01-2026
                                                         2/2




                                    2. The learned counsel appearing for the petitioner is

                       permitted to withdraw the present application for cancellation of

                       bail as charges have already been framed. However, the

                       Opposite Parties Nos. 2 to 9 are directed to appear on each and

                       every date and the learned court in seisin of the matter would

                       expedite the trial and would ensure the appearance of the

                       Opposite Parties no. 2 to 9 on each and every date and in case

                       they fail to appear on two consecutive dates without any

                       substantial ground the learned court concerned would be at

                       liberty to cancel the bail bonds of the Opposite parties No. 2 to

                       9.

                                    3. Accordingly, the present application stands

                       disposed of.



                                                 (Soni Shrivastava, J)
vashudha/-

U


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