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Patna High Court

Sanjay Yadav @ Sanjay KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was denied because the offence is serious and the trial has already commenced, requiring the accused to explain the circumstances of the death.

Summary

The Patna High Court considered the bail application of Sanjay Yadav, husband of a woman who was allegedly killed by her in‑laws. He is charged under Sections 302 and 34 of the Bharatiya Nyaya Sanhita, 2023 for murder. The petitioner claimed no prior criminal record, alleged false implication, and argued that only one of six prosecution witnesses had been examined. The State opposed, citing the seriousness of the offence and the petitioner’s marital relationship to the deceased, and relied on a Supreme Court precedent that bail is rarely granted once trial begins in serious crimes. The Court held that, given the gravity of the charge and that trial proceedings had already started, bail could not be granted at this stage and ordered the trial to be expedited, allowing a fresh bail application after six months if the trial remains pending.

Issues considered

  • Whether bail can be granted in a murder case under Sections 302 and 34 of the Bharatiya Nyaya Sanhita, 2023 when trial has commenced.
  • Whether the accused’s relationship as husband of the deceased creates a duty to explain the circumstances of death, affecting bail eligibility.
  • Whether the limited examination of prosecution witnesses (one out of six) warrants bail.

Legislation cited

Subjects

  • bail
  • murder
  • Section 302
  • Section 34
  • Bharatiya Nyaya Sanhita
  • high court
  • serious offence
  • trial commencement
  • presumption of guilt

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85033 of 2025
                        Arising Out of PS. Case No.-553 Year-2023 Thana- BANKA District- Banka
                 ======================================================
                 Sanjay Yadav @ Sanjay Kumar Son of Lalu Yadav Resident Of Village -
                 Katoriya Chapar, P.S. - Banka, Dist. - Banka.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Prakash Dwivedi, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                            2.      The petitioner seeks bail in connection with Banka

                   P.S. Case No. 553 of 2023 instituted for the offence under

                   Sections 302 & 34 of the Bharatiya Nyaya Sanhita, 2023.

                   Earlier vide order dated 19.03.2025, passed in Cr. Misc. No.

                   4482 of 2025, regular bail of the petitioner was rejected by this

                   Court.

                            3.      Prosecution case in short is that sister of the

                   informant has been done to death at her matrimonial house by

                   her in-laws.

                            4.      It has been submitted on behalf of the petitioner

                   that the petitioner is in custody since 09.08.2024. Petitioner
Patna High Court CR. MISC. No.85033 of 2025(3) dt.09-02-2026
                                            2/3




          bears no criminal antecedent, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Petitioner is the husband of the deceased. There is no

          specific allegation attributed to the petitioner, rather allegation is

          general and omnibus in nature. It is submitted that petitioner has

          suffered long incarceration, hence, he deserves the privilege of

          bail.

                  6.      A report was called for from the Court below and it

          is reported that one (1) out of six (6) prosecution witnesses have

          been examined in this case.

                  7.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. It is

          fervently submitted that petitioner, being the husband of the

          deceased, bears the onus of explaining the circumstances

          leading to her death. Learned APP has further relied upon a

          decision of the Hon’ble Apex Court reported in 2024 SCC

          Online SC 3539 (X. vs. State of Rajasthan & Anr.), wherein in

          paragraph No.14, Hon’ble Apex Court has observed as under:

                                                           “14.     Ordinarily     in
                                          serious offences like rape, murder,
                                          dacoity,       etc.,    once   the     trial
           Patna High Court CR. MISC. No.85033 of 2025(3) dt.09-02-2026
                                                       3/3




                                                     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.”
                              8.     Considering the aforesaid facts and circumstances

                     of the case and taking into account the fact that petitioner, being

                     the husband of the deceased, bears the onus of explaining the

                     circumstances leading to her death as also the fact that trial has

                     commenced, this Court is not inclined to grant bail at this stage.

                     Prayer for bail is hereby rejected.

                              9.     The Trial Court is directed to expedite the trial as

                     expeditiously as possible without any undue delay and

                     unnecessary adjournments.

                              10.     However, petitioner will be at liberty to renew his

                     prayer for bail, if the trial is not concluded within a period of six

                     months from the date of receipt/production of a copy of this

                     order.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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