Patna High CourtCR. MISC./68781/2024rejected

Santosh Yadav v. The State Of Bihar

2026-03-16Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68781 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- BARHARIA District- Siwan ====================================================== Santosh Yadav Son of Late Pundev Chaudhary Resident of Village - Nawalpur, Police Station - Barahariya, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-03-2026 Heard Mr.Bijay Prakash Singh, learned counsel for the petitioner and Mr.Mohammad Sufyan, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 12.02.2024 in connection with S.Tr.No.257 of 2024, arising out of Barahariya P.S.Case No.44 of 2024, F.I.R. dated 08.02.2024 registered for the offence punishable under Sections 302 and 34 of IPC.

3. Allegation against the petitioner is that he alongwith one Jitendra Yadav assaulted the wife of informant by means of iron rod resulting she died.

4. Learned counsel appearing for the petitioner submits that the allegation as alleged in the FIR is false and

Patna High Court CR. MISC. No.68781 of 2024(4) dt.16-03-2026 2/3 fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and submits that it appears from the FIR that there is direct and specific allegation of assault attributed against the petitioner and injured wife of the informant namely Kavita Devi died during her treatment.

6. Vide order dated 31.01.2026, a report was called for with regard to the stage of the trial. Report of the learned Trial Court dated 18.02.2026 reveals that all seven witnesses have been examined. The prosecution evidence has been closed on 17.02.2026 itself and the case record reveals that the present case is at the stage of statement under Section 313 Cr.P.C.

7. Considering the aforesaid facts, there is direct and specific allegation against the petitioner in the FIR and report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with S.Tr.No.257 of 2024, arising out of Barahariya P.S.Case No.44 of 2024, pending in the court of learned Additional District and Sessions JudgeIX, Siwan.

Patna High Court CR. MISC. No.68781 of 2024(4) dt.16-03-2026 3/3

8. Prayer is refused.

9. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T