Rajesh Yadav @ Karwa @ Karua Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58952 of 2025 Arising Out of PS. Case No.-361 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== Rajesh Yadav @ Karwa @ Karua Yadav S/o Late Mahendra Yadav R/o Village- Harnathchak, P.S.- Gopalpur, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Jha, Adv.
For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Gopalpur P.S. Case No. 361 of 2023 instituted for the offences under Sections 147, 148, 149, 302, 504, 506 of the Indian Penal Code and 27 of the Arms Act.
3. Earlier vide orders dated 17.05.2024 & 17.01.2025 passed in Cr. Misc. Nos. 23875 of 2024 & 78682 of 2024 respectively, the prayers for grant of bail to the petitioner were rejected. The present application is the third attempt of the petitioner for grant of bail.
4. As per prosecution case, the allegation against the
Patna High Court CR. MISC. No.58952 of 2025(2) dt.21-08-2025 2/3 accused persons including the petitioner is of assaulting the husband of the informant due to which he succumbed to injury.
5. Learned counsel for the petitioner submits that the petitioner is in custody since 09.10.2023 and the trial has begun and out of ten charge-sheet witnesses, seven prosecution witnesses have been examined and all of them have been declared hostile and the last witness i.e. P.W.7 namely Manikant Sah was examined on 22.01.2025 and, thereafter, in spite of issuance of NBW to the witnesses, they are not coming for their evidence and, thus, there is no likelihood of conclusion of the trial in near future.
6. This Court finds that there is no new ground to reconsider the bail application of the petitioner. The trial is going on and out of total ten witnesses, seven witnesses have been examined.
7. In that view of the matter, the present application is again rejected with a direction to the court below to expedite the trial and conclude the same expeditiously preferably within a period of two months from today.
Patna High Court CR. MISC. No.58952 of 2025(2) dt.21-08-2025 3/3
8. If the trial is not concluded within the aforesaid period of two months, the petitioner will be at liberty to renew his prayer for bail before the learned court below. (Rudra Prakash Mishra, J) rishi/- U T