Yash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60844 of 2025 Arising Out of PS. Case No.-707 Year-2024 Thana- MANER District- Patna ====================================================== Yash Kumar S/o Late Shradhanand Rai R/o vill - Maner Tola, P.S.- Maner, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Baby Devi C/o Vinay Kumar R/o Maner tola, P.S.- maner, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saurabh Bishwambhar, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-01-2026 After some arguments, learned counsel for the informant has submitted that in this case, the trial is at advance stage and within two weeks all the witnesses will be examined.

2. Stage of trial was called for from the learned trial court and from perusal of the said report, it is clear that the victim of this case has been examined in the trial court as P.W.- 1.

3. Since, it is a case of rape and the Hon'ble Supreme Court has held in the case of X Vs. State of Rajasthan & Anr passed in SLP(Criminal) No. 13378 of 2024 wherein in para- '14', Hon'ble Apex Court has held which is being quoted hereunder:-

14. Ordinarily in serious offences like rape, murder,

Patna High Court CR. MISC. No.60844 of 2025(4) dt.28-01-2026 2/2 dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused.

4. Considering the fact that it is a case of rape, I am not inclined to extend the privilege of bail to the petitioner at this stage. Accordingly, his prayer for bail stands rejected.

5. However, the petitioner will be at liberty to renew his prayer for bail after one month if any material supports in his favour during trial.

(Ashok Kumar Pandey, J) Shubham/- U T