Rambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67917 of 2025 Arising Out of PS. Case No.-528 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Rambhu Yadav, S/O Chandra Mohan Yadav, R/O Village- Dhanoja Tola, Nabtol, P.S- Phulparas, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Adv.

For the State :

Mr. Suresh Prasad Singh, APP For the Informant :

Mr. Prabhu Narayan Prabhakar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-01-2026 Heard Mr. Hriday Narayan Harshit, learned counsel for the petitioner, Mr. Suresh Prasad Singh, learned APP for the State and Mr. Prabhu Narayan Prabhakar, learned counsel for the informant.

2. Petitioner seeks regular bail in connection with Phulparas P.S. Case No. 528 of 2022 dated 05.11.2022 registered for the offences punishable under sections 302 and 120B read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per prosecution story, on 05.11.2022, Kamal Yadav called the deceased Md. Gulzar to the market. While returning on a motorcycle at about 5:00 P.M. near Bachherwa, the accused Rambhu Yadav (petitioner) along with three other

Patna High Court CR. MISC. No.67917 of 2025(4) dt.09-01-2026 2/3 co-accused persons assaulted him and on instigation of Kapil Dev Yadav, they fired at him, causing his death.

4. The main submissions advanced by petitioner's counsel are that this is the second attempt of the petitioner to get the relief of bail and his first prayer for the same relief was rejected by this Court vide order dated 26.04.2024 passed in Cr. Misc. No. 14360/2024, in which the trial court was directed to expedite the trial of the petitioner and conclude the same in the next fifteen months but the petitioner's trial is still running and he has been languishing in jail since 20.11.2022.

5. On the other hand, learned counsel for the informant has vehemently opposed the bail prayer of the petitioner and submits that one material witness of the trial of the petitioner, namely, Badri Yadav has been murdered, regarding which an FIR bearing Phulparas P.S. Case No. 302 of 2025 has been registered, in which the petitioner has been named and he has been chargesheeted also and further, the petitioner's trial is at the verge of end as the same is running at the stage of argument.

6. Learned APP appearing for the State has also opposed the prayer of the petitioner.

7. Considering the submissions made by learned

Patna High Court CR. MISC. No.67917 of 2025(4) dt.09-01-2026 3/3 counsel appearing for the informant and mainly taking into account the petitioner's long criminal history, the nature of allegation and the stage of his trial as reflected from the status report of his trial, which shows that his trial is still running for the argument on behalf of prosecution, in my opinion, it is not a fit stage to release the petitioner on bail. Accordingly, his prayer stands rejected.

8. It is expected from the trial court to conclude the petitioner's trial in the next three months from the date of receipt of a copy of this Court's order and no unnecessary adjournment shall be given to either of the parties. (Shailendra Singh, J) annu/- U T