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Patna High CourtCR. MISC./57403/2025bail rejected

Sanju Yadav @ Sanjay Yadav v. The State Of Bihar

2025-10-31Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57403 of 2025 Arising Out of PS. Case No.-192 Year-2012 Thana- FATEHPUR District- Gaya ====================================================== Sanju Yadav @ Sanjay Yadav S/o Mirchan Yadav @ Mirchand Yadav R/o vill- Rato, P.S- Fatehpur, Distt- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dheeraj Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Fatehpur P.S. Case No. 192 of 2012 lodged on 17.07.2012, for the offence punishable under Sections 147, 148, 323, 504, 307 & 302 of the Indian Penal Code read with section 27 of the Arms Act, pending in the Court of A.C.J.M.-X, Gaya.

3. Learned counsel for the petitioner submits that the regular bail application of the petitioner was earlier rejected vide order dated 20.07.2024 passed in Cr. Misc. No. 44375 of 2024 with a direction to the trial court to expedite the trial as early as possible preferably within one year. Counsel submits that in the year 2013, petitioner had moved for anticipatory bail before this Court and the same was rejected and thereafter, he

Patna High Court CR. MISC. No.57403 of 2025(3) dt.31-10-2025 2/3 surrender before the court after a gap of about 12 years. Counsel submits that in the rejection order, observation of one year has been granted and it was directed to the trial court to expedite the trial as early as possible preferably within one year. Counsel submits that there is only one antecedent of the petitioner in which he is on bail. Counsel further submits that on earlier occasion, report with regard to present stage of the trial has been called for from which it transpires that charge has been framed on 10.09.2025 and not a single witness has been examined. Counsel further submits that the petitioner is in custody since 06.02.2024.

4. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is a case in which section 302 of the IPC has been added and charge has been framed on 10.09.2025, whereas, the FIR has been lodged in the year 2012 itself and not a single witness has been examined.

5. In this view of the matter, this Court is not inclined to grant bail to the petitioner at present. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

6. It transpires to this Court that the present case is relating to Gaya district. Therefore, the Superintendent of Police, Gaya is hereby directed to do the needful by instructing

Patna High Court CR. MISC. No.57403 of 2025(3) dt.31-10-2025 3/3 the concerned S.H.O/I.O of this case to produce the witnesses for adducing evidence within six months from the date of communication of this order in connection with Fatehpur P.S. Case No. 192 of 2012, so that trial takes place at the earliest as the speedy trial is the constitutional vision of justice.

7. Registry is directed to transmit a copy of this order to the Superintendent of Police, Gaya through fax, e-mail or any other mode forthwith. Registry is further directed to hand over a copy of this order to Learned APP for the State who shall communicate this order to the Superintendent of Police, Gaya at his level.

(Dr. Anshuman, J) Divyansh/- U T