Vikash Yadav @ Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3488 of 2026 Arising Out of PS. Case No.-143 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Vikash Yadav @ Vikash Kumar S/o Maheshwar Yadav R/o Village - Raghunathpur, P.S - Sahebpur Kamal, District - Begusarai.... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhesh Pandey, Advocate For the Opposite Party/s :
Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-03-2026 The present petition is the second successive prayer of bail of the petitioner.
2. Arguing for petitioner, it is pointed out by learned counsel that petitioner remains in custody in connection of this case since 04.12.2024. It is pointed out that while rejecting the first prayer of bail of the petitioner (Annexure-P/1), it was directed by this Court to learned trial court to conclude the trial preferably within a period of nine months.
3. It is submitted that not even a single prosecution witness in this matter could examine by the learned trial court and certainly petitioner cannot be kept behind bar for indefinite period in want of trial. In support of his submission, learned counsel relied upon the legal report of Hon'ble Supreme Court as available through Hussainara Khatoon and Others Vs. Home Secretary, State of Bihar, reported in 1980(1)SCC 98.
Patna High Court CR. MISC. No.3488 of 2026(3) dt.18-03-2026 2/3 Taking reference of aforesaid case, it is submitted that delay in trial appears in violation of fundamental right of the petitioner qua speedy trial as available under Article 21 of the Constitution of India.
4. From perusal of record, it transpires that status report regarding stage of trial was furnished by learned trial court through letter No. 56/2026, suggesting that the trial of this petitioner was separated from other accused persons and the charge was framed on 22.02.2026, which also implies that examination of prosecution witness is yet to start. It further appears that a direction was given by this Court to conclude the trial preferably within nine months while disposing the earlier prayer of bail though Cr. Misc. No. 24906/2025 dated 24.07.2025.
5. Considering aforesaid factual aspects and without making any further comments on merit, as petitioner remains in custody since 04.12.2024, where the progress of trial prima facie suggest that same is not likely to conclude in near future, which appears in violation of fundamental right of petitioner qua speedy trial as available under Article 21 of the Constitution of India, accordingly, petitioner above named, is directed to be released on bail in connection with S.T. No. 1063/2025 arising out of
Patna High Court CR. MISC. No.3488 of 2026(3) dt.18-03-2026 3/3 Sahebpur Kamal P.S. Case No. 143 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-X, Begusarai/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) veena/- U T