Patna High Court
Yash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was denied as the trial was at an advanced stage in a serious offence of rape.
Summary
The petitioner, Yash Kumar, sought bail in a rape case (Criminal Miscellaneous No.60844 of 2025) pending trial in the Patna High Court. The trial was at an advanced stage with witnesses already examined, including the victim as PW-1. The court referred to a Supreme Court decision in X v. State of Rajasthan & Anr (SLP(Criminal) No.13378 of 2024) which cautions against granting bail in serious offences once prosecution evidence is being taken. Applying that precedent, the judge declined to extend bail to the accused at this stage of the proceedings. The petitioner was directed that he may file a fresh bail application after one month if new material emerges in his favour.
Issues considered
- Whether bail should be granted to an accused in a rape case when the trial is at an advanced stage and prosecution witnesses have been examined.
Subjects
- bail
- rape
- trial stage
- serious offence
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60844 of 2025
Arising Out of PS. Case No.-707 Year-2024 Thana- MANER District- Patna
======================================================
Yash Kumar S/o Late Shradhanand Rai R/o vill - Maner Tola, P.S.- Maner,
Distt.- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Baby Devi C/o Vinay Kumar R/o Maner tola, P.S.- maner, Distt.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Bishwambhar, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 28-01-2026 After some arguments, learned counsel for the
informant has submitted that in this case, the trial is at advance
stage and within two weeks all the witnesses will be examined.
2. Stage of trial was called for from the learned trial
court and from perusal of the said report, it is clear that the
victim of this case has been examined in the trial court as P.W.-
1.
3. Since, it is a case of rape and the Hon’ble
Supreme Court has held in the case of X Vs. State of
Rajasthan & Anr passed in SLP(Criminal) No. 13378 of
2024 wherein in para- ‘14’, Hon’ble Apex Court has held which
is being quoted hereunder:-
14. Ordinarily in serious offences like rape, murder,
Patna High Court CR. MISC. No.60844 of 2025(4) dt.28-01-2026
2/2
dacoity, etc., once the trial commences and the
prosecution starts examining its witnesses, the Court
be it the Trial Court or the High Court should be
loath in entertaining the bail application of the
accused.
4. Considering the fact that it is a case of rape, I am
not inclined to extend the privilege of bail to the petitioner at
this stage. Accordingly, his prayer for bail stands rejected.
5. However, the petitioner will be at liberty to renew
his prayer for bail after one month if any material supports in
his favour during trial.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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