Patna High Court
Kishori YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
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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