Vijay Yadav @ Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.273 of 2025 Arising Out of PS. Case No.-3 Year-2018 Thana- KHAJAULI District- Madhubani ====================================================== Vijay Yadav @ Vinod Yadav Son of Late Bhutkun Yadav @ Bhutu Yadav Village- Sahraul Ps- Benipatti Dist- Madhubani ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Pradeep Safi S/o- Parikshan Safi Village- Dihtol Ps- Khajauli DistMadhubani ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Ms.Vaishnavi Singh, Adv.

For the Respondent/s :

Mr.Sadanand Paswan, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2025 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant. Perused the case diary.

2. The instant appeal has been filed by the appellant against the order dated 26.11.2024 passed by learned Additional Sessions Judge 1st cum Special Judge, Madhubani whereby the prayer for bail of the appellant in connection with Khajauli P.S. Case No. 03 of 2018 under Sections Section 363 of the I.P.C. (charge-sheet has been submitted under Sections 341, 323, 366(A), 376, 504/34 of the I.P.C. and Section 3(2)(v) and 3(2) (va) of the Scheduled Caste / Scheduled Tribe Act was rejected.

3. The appellant has renewed his prayer for grant of

Patna High Court CR. APP (SJ) No.273 of 2025(3) dt.03-04-2025 2/3 regular bail by way of third attempt. Firstly, the appellant has moved before this Court with a prayer for bail which was rejected by a Co-ordinate Bench of this Court vide order dated 03.08.2023 passed in Cr. Appeal (SJ) No. 955 of 2023. Secondly, the appellant moved before this Court for bail which was also rejected by a Co-ordinate Bench of this Court vide order dated 14.05.2024 passed in Cr. Appeal (SJ) No. 865 of 2024.

4. Learned counsel for the appellant submits that the appellant's prayer for bail was twice rejected and is renew his prayer for bail in the light of the liberty granted to him vide order dated 14.05.2024 whereby direction was given to conclude the trial within six months or the appellant would be at liberty to renew his prayer for bail. The appellant is in custody since 13.09.2022

5. From perusal of the impugned order, it appears that the charges have been framed on 15.07.2023 under Sections Sections 341/34, 323, 504, 366(A), 376 of the I.P.C. and Sections 3(2)(v) and 3(2)(va) of the Scheduled Caste / Scheduled Tribe Act and three witnesses including the Informant have already been examined. Thus, the trial is already in progress.

Patna High Court CR. APP (SJ) No.273 of 2025(3) dt.03-04-2025 3/3

6. There is no new ground to consider the prayer for bail of the appellant. Accordingly, the appeal stands dismissed with a direction to the learned court below to expedite the trial and conclude the same expeditiously preferably within a period of two months from the date of receipt/production of a copy of this order. In case, the trial is not concluded within the aforesaid period of two months, the appellant will be at liberty to renew his prayer for bail before the learned court below which will be decided on its own merit without being prejudiced by this order. (Rudra Prakash Mishra, J) rishi/- U T