Dilkhus Yadav @ Dilkhush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49320 of 2025 Arising Out of PS. Case No.-232 Year-2022 Thana- SANGRAMPUR District- East Champaran ====================================================== DILKHUS YADAV @ DILKHUSH KUMAR S/O SHESHNATH YADAV R/o vill - Murli, P.S.- Sangrampur, Distt.- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Niraj Kumar Yadav Son of Ramvilash Yadav Resident of Village - Murli, P.S. Sangrampur, District - East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Balgovind Sharma, Adv.

For the State :

Mr. J.N. Thakur, APP For the Informant :

Mr.Abhishek Kumar, Adv.

Mr.Hemant Ray, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-11-2025 Heard the learned counsel for the petitioner as well as the learned APP for the State and the learned counsel for the informant.

2. The learned counsel for the petitioner has submitted that earlier, the bail petition of the petitioner was rejected by this Court vide order dated 06.09.2024 passed in Cr. Misc. No. 44825 of 2024 but he is renewing the prayer for bail on the ground that while rejecting his bail application, it was observed by this Court that if the trial is not concluded within a period of six months, the petitioner may renew his prayer for bail.

3. Learned counsel has submitted further that the petitioner is under custody since 05.08.2022 and the last witness turned up in the trial court on 07.12.2023 and after near about two

Patna High Court CR. MISC. No.49320 of 2025(4) dt.21-11-2025 2/2 years, no witness turned up.

4. On the other hand, the learned APP for the State and the learned counsel for the informant have opposed the prayer for bail.

5. Considering the above-mentioned facts and circumstances as well as the snail pace of the trial and the prolonged custody of the petitioner, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned 6th District & Addl. Sessions Judge cum Exclusive Special Judge, POCSO Act, East Champaran, Motihari in connection with POCSO Trial No. 70/2022 arising out of Sangrampur P.S. Case No. 232 of 2022, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

6. The petitioner shall physically appear before the learned court below on each and every date. In case of failure on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bonds of the petitioner.

(Nawneet Kumar Pandey, J) kundan/- U T