Patna High Court
Santosh YadavversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the allegations were direct and specific and the trial was at an advanced stage.
Summary
Santosh Yadav was arrested on 12 February 2024 in connection with a murder case (Sections 302 and 34 IPC) arising from an alleged assault on the wife of an informant, resulting in her death. The petitioner filed a bail application, contending that the FIR was fabricated and that he had not committed any offence. The State opposed bail, emphasizing the direct and specific allegations in the FIR and the seriousness of the charge. The trial court had already examined all seven prosecution witnesses and the case was at the stage of recording statements under Section 313 Cr.P.C. The High Court, noting the specific allegations and the advanced stage of trial, refused the bail prayer and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to an accused in a murder case where the FIR contains direct and specific allegations and the trial is at the Section 313 stage.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 313
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- Section 302
- Section 34
- Section 313
- criminal procedure
- trial stage
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68781 of 2024
Arising Out of PS. Case No.-44 Year-2024 Thana- BARHARIA District- Siwan
======================================================
Santosh Yadav Son of Late Pundev Chaudhary Resident of Village -
Nawalpur, Police Station - Barahariya, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 16-03-2026 Heard Mr.Bijay Prakash Singh, learned counsel
for the petitioner and Mr.Mohammad Sufyan, learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
12.02.2024 in connection with S.Tr.No.257 of 2024, arising
out of Barahariya P.S.Case No.44 of 2024, F.I.R. dated
08.02.2024 registered for the offence punishable under
Sections 302 and 34 of IPC.
3. Allegation against the petitioner is that he
alongwith one Jitendra Yadav assaulted the wife of informant
by means of iron rod resulting she died.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
Patna High Court CR. MISC. No.68781 of 2024(4) dt.16-03-2026
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fabricated and the petitioner has not committed any offence as
alleged in the FIR.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that
it appears from the FIR that there is direct and specific
allegation of assault attributed against the petitioner and
injured wife of the informant namely Kavita Devi died during
her treatment.
6. Vide order dated 31.01.2026, a report was called
for with regard to the stage of the trial. Report of the learned
Trial Court dated 18.02.2026 reveals that all seven witnesses
have been examined. The prosecution evidence has been
closed on 17.02.2026 itself and the case record reveals that
the present case is at the stage of statement under Section 313
Cr.P.C.
7. Considering the aforesaid facts, there is direct and
specific allegation against the petitioner in the FIR and report
of the learned Trial Court, I am not inclined to enlarge the
petitioner on bail in connection with S.Tr.No.257 of 2024,
arising out of Barahariya P.S.Case No.44 of 2024, pending in
the court of learned Additional District and Sessions Judge-
IX, Siwan.
Patna High Court CR. MISC. No.68781 of 2024(4) dt.16-03-2026
3/3
8. Prayer is refused.
9. However, the learned Trial Court is directed to
expedite the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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