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Patna High Court

Shyam Yadav @ Shyam KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied as the court was not inclined to enlarge the petitioner on bail in view of the serious allegations and the trial's progress.

Summary

Shyam Yadav, accused of multiple offences under the Indian Penal Code and the Arms Act, has been in custody since 2 March 2024. He applied for bail, claiming innocence and that the trial had not progressed. The State opposed bail, citing the deceased's statement that Yadav and co‑accused assaulted the victim, leading to his death. The trial court report indicated that all prosecution witnesses had been examined and the prosecution case was completed, with the matter now set for defence evidence. Considering the seriousness of the allegations and the advanced stage of the trial, the Patna High Court refused the bail application and directed the trial court to expedite the proceedings.

Issues considered

  • Whether bail should be granted to the accused given the nature of the offences and the stage of the trial

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • Arms Act
  • high court
  • trial stage
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64097 of 2025
                       Arising Out of PS. Case No.-126 Year-2023 Thana- GHOSI District- Jehanabad
                 ======================================================
                 Shyam Yadav @ Shyam Kumar S/O Late Ram Prasad Yadav R/O Village-
                 Chiri, P.S- Ghosi, Distt.- Jehanabad.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Mritunjay Kumar, Advocate
                 For the State           :        Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

7   03-04-2026                    Heard Mr. Mritunjay Kumar, learned counsel for the

                   petitioner and Mr. Mohammed Arif, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   02.03.2024, in connection with Ghoshi P.S. Case No. 126 of

                   2023 corresponding to Sessions Trial No. 359 of 2024, F.I.R.

                   dated 25.02.2023 registered for the offences punishable under

                   Sections 147, 148, 149, 341, 342, 323, 324, 504, 506, 302,

                   120(B) of the Indian Penal Code and Section 27 of the Arms

                   Act.

                                 3. Earlier the prayer for bail of the petitioner was

                   rejected vide order dated 28.11.2024 passed in Cr. Misc. No.

                   74387 of 2024 and thereafter the petitioner again moved before

                   this Court in Cr. Misc. No. 50899 of 2025 but the same was

                   withdrawn vide order dated 01.08.2025.
Patna High Court CR. MISC. No.64097 of 2025(7) dt.03-04-2026
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                           4. Learned counsel for the petitioner submits that

          the petitioner is innocent and he has been falsely implicated in

          the present case. He further submits that the petitioner is in

          custody since 02.03.2024 and the trial is not in progress.

                          5. Learned APP for the State, on the other hand,

          vehemently opposed the prayer for bail of the petitioner and

          submits that the deceased has given the statement            alleging

          therein that the petitioner and other co-accused person has

          assaulted and thereafter he has died.

                          6. Vide order dated 07.11.2025 a report was called

          for with regard to the stage of the trial. Report dated 10.03.2026

          of the learned Trial Court reveals that all the prosecution

          witnesses have been examined and the statement under Section

          351 of the B.N.S.S., 2023 has been recorded on 10.03.2026 and

          now the case is fixed for the Defence Evidence.

                         7. Considering the nature of allegation as alleged in

          the F.I.R. and in view of the report of the learned Trial Court, I

          am not inclined to enlarge the petitioner on bail in connection

          with Ghoshi         P.S. Case No. 126 of 2023 corresponding to

          Sessions Trial No. 359 of 2024 pending in the Court of learned

          District & Sessions Judge-IX, Jehanabad.

                       8. Prayer is refused.
               Patna High Court CR. MISC. No.64097 of 2025(7) dt.03-04-2026
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                                      9.   However the learned Trial court is directed to

                         expedite the trial and conclude the same at the earliest.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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