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Patna High Court

Umesh YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court declined to grant bail, but allowed the petitioner to renew his bail application if the trial is not completed within three months.

Summary

Umesh Yadav, the main assailant in a case involving offences under Sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of the CLA Act, sought renewal of bail after being in custody since 18‑10‑2022. The Patna High Court had earlier allowed him to renew his bail application after nine months. The trial court had examined ten of fifteen prosecution witnesses and projected completion of the trial within two months. Considering the seriousness of the charges and the advanced stage of the trial, the Court declined to grant bail at this stage but permitted the petitioner to file another bail application if the trial is not concluded within three months. The bail application was therefore rejected.

Issues considered

  • Whether bail should be granted to the petitioner at the present stage of the trial given the nature of the offences and the progress of the trial.
  • Whether the petitioner may be allowed to renew his bail application if the trial is not concluded within three months.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC
  • Arms Act
  • CLA Act
  • trial stage
  • serious offences
  • renewal of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89949 of 2025
                        Arising Out of PS. Case No.-29 Year-2016 Thana- DEV District- Aurangabad
                 ======================================================
                 Umesh Yadav Son of Late Karmdeo Yadav Resident of Village - Nakti, Police
                 Station - Deo, District - Aurangabad.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhirendra Kumar Sinha
                                                  Ms.Soni Kumari
                 For the Opposite Party/s :       Mr.Upendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   18-02-2026          1. Heard the parties.

                        2. The petitioner has renewed his prayed for bail in

                   connection with Sessions Trial No. 258A / 2017 / 126 / 2023

                   arising out of Deo P.S. Case No. 29 of 2016 registered for the

                   offence under Section 147, 148, 149, 302, 120(B) of the I.P.C,

                   Section 27 of the Arms Act and Section 17 of the C.L.A. Act.

                        3. This Court while rejecting the bail application of the

                   petitioner by order dated 27.02.2025 passed in Cr. Misc. No.

                   73231 of 2024 granted liberty to the petitioner to renew his

                   prayer for bail after nine months.

                        4. The petitioner is the main assailant, however, he is in

                   custody since 18.10.2022.

                        5. This Court vide order dated 09.01.2026 has called for a
           Patna High Court CR. MISC. No.89949 of 2025(3) dt.18-02-2026
                                                       2/2




                     report from the trial court regarding the present stage of the trial

                     and in pursuance thereof learned District & Additional Sessions

                     Judge -V, Aurangabad vide letter no. 01 dated 21.01.2026 has

                     furnished the report informing that out of fifteen prosecution

                     witnesses, ten witnesses have been examined and the trial court

                     has given the estimated time for completion of trial within two

                     months, accordingly, I am not inclined to grant bail to the

                     petitioner at this stage.

                          6. However, if the trial is not concluded within three

                     months, the petitioner may renew his prayer for bail again.



                                              (Anil Kumar Sinha, J)
praful/-

U


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