Patna High CourtCR. MISC./54498/2025rejected

Yashwant Kumar Rai @ Yashwant Rai @ Yashwant Ray v. The State Of Bihar

2025-09-26Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54498 of 2025 Arising Out of PS. Case No.-101 Year-2022 Thana- NAUTAN District- Siwan ====================================================== Yashwant Kumar Rai @ Yashwant Rai @ Yashwant Ray S/o Keshav Rai R/o Chainpur, P.S.- Hathua, Dist- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ansul, Sr. Advocate Mr. Ramprakash Nath Tiwari, Advocate Ms. Esita Raj, Advocate For the State :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-09-2025 Heard Mr. Ansul, learned senior counsel for the petitioner and Mr. Pradeep Narain Kumar, learned APP for the State.

2. Petitioner seeks bail who is in custody since 12.07.2022 in connection with S. Tr. No. 357 of 2024 arising out of Nautan P.S. Case No. 101 of 2022, F.I.R. dated 09.05.2022 for the offences punishable under Sections 302/120B/34 of the IPC and Section 27 of the Arms Act.

3. According to prosecution case, the petitioner is said to have fired upon the brother of the informant Devendra Rai by pistol on his back causing firearm injury due to which he died.

4. Learned senior counsel for the petitioner submits that earlier the petitioner has moved before this Court for grant of regular bail in Cr. Misc. No. 51261 of 2023 but the same got

Patna High Court CR. MISC. No.54498 of 2025(3) dt.26-09-2025 2/3 rejected vide order dated 12.09.2023. He again moved before this Court in Cr. Misc. No. 67479 of 2024 but the same was rejected vide order dated 13.09.2024 then again he moved before this Court in Cr. Misc. No. 35660 of 2025 but the same was dismissed as withdrawn vide order dated 20.06.2025. He fairly submits that the bail application of the petitioner was rejected twice by this Court and the petitioner is in custody since 12.07.2022 and the trial has not been progressed as yet.

5. Vide order dated 08.08.2025, a report was called for with regard to the present stage of trial. Report of the learned Trial Court dated 12.08.2025 reveals that charge has been framed on 13.11.2024 but prosecution has not examined any witness as yet.

6. Learned senior counsel for the petitioner submits that the petitioner is in custody since 12.07.2022 and in view of the report of the learned Trial Court, he further submits that the trial is not likely to be concluded in the near future.

7. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner in the FIR and apart from that the petitioner carry 14 more cases other than the present one.

8. Considering the aforesaid facts, criminal antecedent of the petitioner and the report of the learned Trial Court, I am not

Patna High Court CR. MISC. No.54498 of 2025(3) dt.26-09-2025 3/3 inclined to enlarge the petitioner on bail in connection with S. Tr. No. 357 of 2024 arising out of Nautan P.S. Case No. 101 of 2022 pending in the court of learned Additional Sessions Judge IX, Siwan.

9. Prayer is refused.

10. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

(Rajesh Kumar Verma, J) priyanka/- U T