Patna High Court
Krishna YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was denied as the allegations are specific and serious, including murder, and the trial is ongoing.
Summary
Krishna Yadav, a 73‑year‑old accused of multiple offences under the Indian Penal Code including murder (Section 302), sought regular bail for the second time. The prosecution alleged that he assaulted Govind Sharan, causing his death, and that several witnesses had already been examined. The petitioner claimed false implication, cited his age, and noted that co‑accused had been granted bail. The court, noting the specific and serious nature of the allegation, the pending examination of witnesses, and the gravity of the charges, refused bail. It directed the trial court to expedite the trial within eight months, emphasizing that the order would not prejudice the trial.
Issues considered
- Whether bail should be granted to an accused charged with murder and other serious offences.
- Whether the petitioner’s advanced age and prior criminal antecedent warrant bail.
- Whether the stage of trial and pending witness examination justify denial of bail.
Legislation cited
- Indian Penal Code — s. 302, 307, 323, 34, 341, 354B, 379, 504, 506
Subjects
- regular bail
- Indian Penal Code
- murder
- Section 302
- trial expedite
- age factor
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25276 of 2026
Arising Out of PS. Case No.-72 Year-2024 Thana- RANIYATALAB District- Patna
======================================================
Krishna Yadav, S/O Late Chhotu Yadav, R/O Village- Jitan Chhapra, P.S.-
Rani Talab, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 01-05-2026 This is the second attempt of the petitioner for grant
of regular bail.
2. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
3. Petitioner, who is in custody, seeks bail in
connection with Sessions Trial No.1057 of 2025 arising out of
Rani Talab P.S. Case No. 72 of 2024 registered for the offences
punishable under Sections 341, 323, 307, 354B, 379, 504, 506
read with Section 34 of the Indian Penal Code and later on
Section 302 of the Indian Penal Code was added.
4. As per the prosecution's case, the allegation against
the petitioner is that he had assaulted one Govind Sharan, who is
Patna High Court CR. MISC. No.25276 of 2026(3) dt.01-05-2026
2/3
the husband of the informant, on his head by a khanti, due to
which he died during the course of treatment.
5. The learned counsel for the petitioner submits that
the petitioner is a 73 years old man and he has falsely been
implicated by the agnates due to a longstanding rivalry between
them. It has further been submitted that the allegations are
general and omnibus in nature and other co-accused persons
have been granted bail by this Hon’ble Court. It has lastly been
submitted that the petitioner has one criminal antecedent and he
is in custody since 10.08.2024.
6. The learned A.P.P. has vehemently opposed the
prayer for bail and has stated that there is a specific allegation
against the petitioner of assaulting the husband of the informant
who died in course of treatment. A report was called for from
the learned Trial Court with regard to the stage of trial and it has
been reported that out of seven witnesses two have already been
examined and the rest five witnesses are yet to be examined,
however, summons, bailable warrants and dasti summons have
already been issued to the witnesses.
7. Considering the aforesaid fact and circumstances
and taking into account the specific nature of the allegation
against the petitioner, I am not inclined to release the petitioner
Patna High Court CR. MISC. No.25276 of 2026(3) dt.01-05-2026
3/3
on bail as of now.
8. Accordingly, the prayer for bail is rejected.
9. The learned Trial Court is directed to expedite the
trial of the present case and looking at the age of the petitioner,
the trial should be completed within a period of eight months
from today without giving unnecessary adjournments to either
side. The learned Trial Court should ensure that the prosecution
witnesses are made to appear by taking coercive steps.
10. It is made clear that the observation, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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