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Patna High CourtCR. APP (SJ)/3392/2025rejected

Rajesh Yadav @ Rajesh Kumar @ Rajesh Kumar Yadav v. The State Of Bihar

2025-11-28Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3392 of 2025 Arising Out of PS. Case No.-313 Year-2022 Thana- BIKRAM District- Patna ====================================================== Rajesh Yadav @ Rajesh Kumar @ Rajesh Kumar Yadav S/o- Dinanath Yadav Village- Faridpur, PS- Bikram, District- Patna ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sima Devi W/o- Late Dharmendra Kumar Village- Faridpur Ps- Bikram Dist- Patna ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Madhukar Anand, Adv.

For the Respondent/s :

Mr.Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-11-2025 Heard Learned Counsel for the appellant, Learned Special Public Prosecutor for the State and learned counsel for the O.P. No.2.

2. The present Cr. Appeal (SJ) Application has been filed for setting aside the order dated 09.06.2025 passed in Special Case No.151 of 2022 which arising out of Bikram P.S. Case No.313 of 2022 for the offences punishable under sections 302,, 120(B)/34 of the IPC read with section 27 of the Arms Act read with Section 3(2)(v) of the SC/ST Act which is pending before the Exclusive Special Judge (SC/ST Act), Patna.

3. Learned Counsel for the appellant submits that the bail application of the appellant has been rejected twice earlier

Patna High Court CR. APP (SJ) No.3392 of 2025(3) dt.28-11-2025 2/2 i.e., vide orders dated 11.01.2024 and 29.11.2024 passed in Cr. Appeal (SJ) Nos.937 of 2023 and 4298 of 2024.

4. Counsel further submits that even after categorical direction to the Superintendent of Police, Patna Rural to complete the trial within 6 months, but the same could not be concluded and he is in custody since 16.07.2022.

5. Learned counsel for the O.P. No.2 vehemently opposes the prayer for bail and submits that in the order dated 11.01.2024, it is a categorical finding that it is the appellant who fired at chest and temple of the deceased due to which he succumbed to gunshot injuries and he died. The post-mortem report of the deceased has also corroborated the cause of death.

6. Learned Special Public Prosecutor for the State opposes the prayer for bail of the appellant.

7. In the present facts and circumstances of this case, this Court is not inclined to grant bail to the appellant. Therefore, the bail application of the appellant stands rejected. (Dr. Anshuman, J.) Prakashmani/- U T