Patna High Court
Ashok YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail and dismissed the petitioner's application.
Summary
Ashok Yadav was charged in a 2010 case (PS. Case No. 96) for offences under Sections 147, 148, 341, 323, 435, 504 and 506 of the Indian Penal Code and Section 17 of the Criminal Law Amendment Act. The prosecution alleges that he participated in stopping a truck, setting it on fire and abducting the driver and cleaner into a forest. The petitioner, who has been in custody since 28‑02‑2023 and is described as an absconder, filed a second application for regular bail after an earlier bail denial. The court noted that two witnesses have already been examined and the trial is ongoing, emphasizing the gravity of the offences. Finding no sufficient ground to revisit its earlier order, the court rejected the bail application and directed the trial court to expedite the trial.
Issues considered
- Whether regular bail should be granted to the petitioner given the seriousness of the offences and the fact that the trial is in progress
Legislation cited
- Criminal Law Amendment Act — s. 17
- Indian Penal Code — s. 147, 148, 323, 341, 435, 504, 506
Subjects
- regular bail
- Indian Penal Code
- Criminal Law Amendment Act
- gravity of offence
- trial proceedings
- absconder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55695 of 2025
Arising Out of PS. Case No.-96 Year-2010 Thana- KHIJARSARAI District- Gaya
======================================================
Ashok Yadav Son of Badari Yadav Resident of Village- Behorwa, P.S.-
Neemchak, Bathani, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Smita Kumari
For the Opposite Party/s : Mr.Dilip Kumar No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Sarai P.S. Case No. 96 of
2010 registered for the offence under Sections 147, 148, 341,
323, 435, 504 and 506 of the Indian Penal Code and under
Section 17 of the CLA Act. Earlier the bail application of the
petitioner was rejected vide order dated 09.04.2024 passed in
Cr. Misc. No. 3060 of 2024 which reads as under:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. This application for grant of regular
bail arises out of Khizarsarai P.S. Case No.96 of
2010 registered for the offence punishable under
sections 147, 148, 341, 323, 435, 504 and 506 of
the Indian Penal Code and under section 17 of the
Patna High Court CR. MISC. No.55695 of 2025(4) dt.10-02-2026
2/2
CLA Act.
3. As per the prosecution case, some
criminals have stopped a truck and burnt it and
thereafter they have taken the driver and cleaner of
the truck inside the forest.
4. During investigation, the name of the
petitioner has come. The petitioner is in custody
since 28.02.2023. This case is of the year 2010.
The petitioner is an absconder.
5. Considering the aforesaid facts, I am
not inclined to grant the petitioner privilege of
regular bail. Accordingly, this bail application is
rejected. The trial court is directed to expedite the
trial and conclude the same as early as possible.
3. It has been submitted by the learned counsel for the
State that two witnesses have already been examined in this case
and the State is co-operating in the trial.
4. Considering the gravity of the offence and the fact
that the trial is proceedings, this court finds no ground to review
its earlier order.
5. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…