Badasah Yadav @ Balshah Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2380 of 2025 Arising Out of PS. Case No.-530 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Badasah Yadav @ Balshah Yadav S/O Hardev Choudhary Resident of villageNarayanpur, P.S.-Kuchaikote, District - Gopalganj. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Usha Devi W/O Manoj Ram R/O Village- Narayanpur, P.S- Kuchaikote, Distt- Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Dewanand Tiwari, Advocate For the Respondent/s :

Mrs.Usha Kumari 1, S.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2026 Heard learned counsel for the petitioner and learned S.P.P for the State.

2. The instant appeal has been filed by the appellant against the order dated 20.03.2025, passed by Addl. Sessions Judge-XI-cum- Exclusive Special Judge, SC/ST Act, Gopalganj, whereby the prayer for bail of the appellant in connection with Kuchaikote P.S. Case No. 530 of 2023, under Section 302/34 of the Indian Penal Code and Section 3(2)(v) of the SC/ST Act was rejected.

3. Earlier vide order dated 16.05.2024 passed in Cr. Appeal (SJ) No. 330 of 2024, regular bail of the appellant was rejected by this Court considering the nature and gravity of the

Patna High Court CR. APP (SJ) No.2380 of 2025(3) dt.29-01-2026 2/3 offence and the appellant having five criminal antecedents, with a liberty to renew the prayer after nine months if the trial is not concluded.

4. In compliance of the order dated 27.06.2025, a report dated 17.07.2025 with regard to the present stage of trial has been received. From perusal of the aforesaid report, it appears that altogether nine prosecution witnesses have been examined and evidence of prosecution has been closed on 28.11.2025 and statement under section 313 Cr.P.C. was recorded on 12.12.2024. It is further reported that record is running for evidence for defence. The trial is expected to conclude within two months.

5. Learned counsel for the appellant submits that the appellant is languishing in judicial custody since 28.10.2023 without any rhymes or reason.

6. Learned Special P.P. for the State opposes the prayer for grant of bail.

7. There is no fresh ground to consider the bail petition of the appellant. 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 appellant is again rejected with a direction to the court below to

Patna High Court CR. APP (SJ) No.2380 of 2025(3) dt.29-01-2026 3/3 expedite the trial and conclude the same expeditiously preferably within a period of one month from today. If the trial is not concluded within the period of one month, as stated above, the appellant will be at liberty to renew his prayer before the court below.

(Rudra Prakash Mishra, J) manish/- U T