Created by Fuzzy Cloud

Patna High Court

Ganesh YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.