Patna High Court
Sujit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed; the petitioner is not entitled to bail at this stage.
Summary
The petitioner, Sujit Kumar Yadav, was charged with offences under IPC sections 341, 323, 307, 504, 506/34 and later 302. He applied for bail after being in judicial custody since 5 December 2023, claiming no prior criminal record. An earlier bail order rejected his regular bail but allowed a fresh application after six months. The trial is now at the defence‑evidence stage, with prosecution witnesses examined and the accused’s statements recorded under Cr.P.C. 313. The State opposed the bail, and the Court found no fresh ground to revisit the earlier decision, noting the seriousness of the charges and the advanced stage of trial, and therefore rejected the bail petition.
Issues considered
- Whether bail can be granted to the petitioner at the advanced stage of trial for serious offences under the IPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 313
- Indian Penal Code — s. 302, 307, 323, 341, 504, 506
Subjects
- bail
- IPC
- Cr.P.C. 313
- serious offences
- trial stage
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9791 of 2026
Arising Out of PS. Case No.-190 Year-2023 Thana- MANSAHI District- Katihar
======================================================
Sujit Kumar Yadav S/O Sri Bimal Yadav R/O Village- Gorgama, P.S-
Mansahi, Distt.- Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr.Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr.Md. Mushtaque Alam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-04-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Mansahi
P.S. Case No. 190 of 2023, instituted for the offences under
Sections 341, 323, 307, 504 and 506/34 of the Indian Penal
Code. Subsequently, u/s 302 of the I.P.C. was added.
3. Earlier vide order dated 09.07.2025 passed in Cr.
Misc. No. 29556 of 2025, regular bail of the petitioner was
rejected by this Court considering the nature and gravity of the
offence as also there being direct allegation of assault against
the petitioner with a liberty to renew the prayer after six months
if the trial is not concluded.
4. In compliance of the order dated 13.02.2026, a report
dated 24.02.2026 with regard to the present stage of trial has
Patna High Court CR. MISC. No.9791 of 2026(3) dt.03-04-2026
2/2
been received. From perusal of the aforesaid report, it appears
that prosecution has examined its all witnesses and statements
u/s 313 of the Cr.P.C. of the accused persons have also been
recorded. It is further reported that the case record is running for
defence evidence.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 05.12.2023
and he has got no criminal antecedent.
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.
(Rudra Prakash Mishra, J)
manish/-
U T
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