Patna High Court
Ganesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied as there was no new ground and the trial was at an advanced stage.
Summary
The petitioner, Ganesh Yadav, was arrested on 8 January 2024 in connection with a case registered under Section 376D of the Indian Penal Code and Sections 4 and 6 of the POCSO Act. He applied for regular bail, having already been denied bail earlier by the same court. The court examined the trial report, which showed that four out of five charge‑sheeted witnesses had been examined and the case was at an advanced stage pending prosecution evidence. The petitioner argued that he had no prior criminal record and was being detained without cause, while the State opposed bail. The court found no new ground to revisit the earlier decision and noted that the trial was progressing, therefore rejecting the bail application and directing the lower court to expedite the trial within a month. The bail petition was consequently dismissed.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under IPC Section 376D and POCSO Act Sections 4 and 6 given the advanced stage of trial.
- Whether any new ground exists to reconsider the earlier denial of bail.
Legislation cited
- Indian Penal Code — s. 376D
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- sexual offences
- POCSO
- IPC 376D
- judicial custody
- trial stage
- expedited trial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49724 of 2025
Arising Out of PS. Case No.-6 Year-2024 Thana- PAKARIBARAW District- Nawada
======================================================
Ganesh Yadav S/o Sunil Yadav R/o Village- Sudanpur, P.S.- Pakribarwan,
District- Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Victim D/o Veena Chauhan R/o Village- Chadihari, P.S.- Pakribarawan,
District- Nawada
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Prasad
For the Opposite Party/s : Mr.Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
7 09-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Pakribarawan P.S. Case No. 06 of 2024 instituted for the
offences under Sections 376 D of the Indian Penal Code, read
with Sections 4 and 6 of the POCSO Act.
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 by this Court vide order dated
25.09.2024 passed in Cr. Misc. No. 60225 of 2024 taking into
consideration the nature and gravity of offence and direct
allegation against the petitioner.
4. In compliance of the order dated 10.10.2025, a
report dated 01.11.2025 with regard to the present stage of trial
Patna High Court CR. MISC. No.49724 of 2025(7) dt.09-01-2026
2/2
has been received. From perusal of the aforesaid report, it
appears that out of five charge-sheeted witnesses, four witnesses
have already been examined in this case. It is further reported
that presently, the case is pending for the examination of the
prosecution.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 08.01.2024
without any rhymes or reason and has got no criminal
antecedent.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. There is no new ground to consider the bail petition
of the petitioner. From the aforesaid report, it appears that the
trial is going on and is at an advance stage.
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 one month from today.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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