Patna High Court
Rajesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied as there was no fresh ground and the trial was at an advanced stage.
Summary
The petitioner, Rajesh Yadav, was arrested in connection with a case registered under multiple IPC offences including assault, grievous hurt, attempt to murder and murder (Section 302). He applied for bail, having been in judicial custody since 5 December 2023. The High Court had earlier rejected regular bail, permitting a renewal after six months if the trial remained pending. A subsequent report indicated that five of seven prosecution witnesses had been examined and the trial was expected to conclude within four months. The court found no fresh ground to grant bail, noting that the trial was at an advanced stage, and therefore rejected the bail petition while directing the lower court to expedite the trial within three months, allowing a fresh bail application thereafter. The petition was thus dismissed.
Issues considered
- Whether bail can be granted to the petitioner at the present advanced stage of trial for offences including murder under Section 302 IPC.
Legislation cited
- Indian Penal Code — s. 302, 307, 323, 324, 325, 341, 504, 506
Subjects
- bail
- Indian Penal Code
- murder
- judicial custody
- high court
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89977 of 2025
Arising Out of PS. Case No.-1215 Year-2023 Thana- SHERGHATI District- Gaya
======================================================
Rajesh Yadav S/o Basudeo Yadav R/o Village - Kharati, P.S - Dobhi, District -
Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratan Raj, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 03-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Sherghati
(Bahera OP) P.S. Case No. 1215 of 2023, instituted for the
offences under Sections 341, 323, 324, 325, 307, 504 and
506/34 of the Indian Penal Code and later on u/s 302 of the
I.P.C. was added.
3. Earlier, vide order dated 12.05.2025 passed in Cr.
Misc. No. 11924 of 2025, regular bail of the petitioner was
rejected by this Court considering the specific allegation against
the petitioner to assault the deceased, with a liberty to renew the
prayer after six months if the trial is not concluded.
4. In compliance of the order dated 09.02.2026, a report
dated 16.02.2026 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
Patna High Court CR. MISC. No.89977 of 2025(4) dt.03-04-2026
2/2
that out of seven prosecution witnesses, five witnesses have
been examined. It is further reported that summon has been
issued for production of witnesses. The trial would be
completed within four months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 05.12.2023
without any rhymes or reason.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no fresh ground to consider the bail petition
of the petitioner. From the aforesaid report, it appears that the
trial is going on and is at an advance stage.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of three months from today. If the
trial is not concluded within the period of three months, as
stated above, the petitioner will be at liberty to renew his prayer
before the court below.
(Rudra Prakash Mishra, J)
manish/-
U T
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