Prabhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4791 of 2025 Arising Out of PS. Case No.-48 Year-2024 Thana- MARAUNA District- Supaul ====================================================== Prabhu Yadav S/O Ramdas Yadav R/O- Vill- Kamrail Bhagwait Tola, P.SMarauna, Distt- Supaul. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Ugranarayan Chaupal S/O Ramdev Chaupal R/O Village- Bhagwit, P.SMarauna, Distt.- Supaul. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Ms. Priyanka Singh, Advocate For the Respondent/s :

Mr. Sadanand Paswan, SPP For the Informant :

Mr. Amarnath Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-02-2026 Heard learned counsel for the appellant, learned Special Public Prosecutor for the State and learned counsel for the informant.

2.

The instant appeal has been filed by the appellant against the order dated 10.11.2025 passed by learned Additional Sessions Judge-I-cum-Special Judge, SC/ST, Supaul whereby the prayer for bail of the appellant in connection with Marauna PS Casse No. 48 of 2024 under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302, 504 & 506 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(v)(va) of SC/ST Act was rejected. Earlier vide order dated 19.06.2025, passed in Cr. Appeal (SJ) No. 22 of 2025, appeal of the appellant was dismissed by this

Patna High Court CR. APP (SJ) No.4791 of 2025(2) dt.05-02-2026 2/3 Court, taking into account the nature and gravity of the offence and trial is in progress.

3.

Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. The appellant is in custody since 17.05.2024 and has six criminal antecedents. Learned counsel for the appellant submits that there is no likelihood of the trial being concluded in the near future, hence, appellant may be released on bail. 4.

Learned Special P.P. for the State and the informant have vehemently opposed the prayer for grant of bail to the appellant. It is mainly submitted that all the prosecution witnesses have been examined in this case and trial is on the verge of its conclusion. Learned APP has further relied upon a decision of the Hon'ble Apex Court reported in 2024 SCC Online SC 3539 (X. vs. State of Rajasthan & Anr.), wherein in paragraph No.14, Hon'ble Apex Court has observed as under: "14. Ordinarily in serious offences like rape, murder, 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."

Patna High Court CR. APP (SJ) No.4791 of 2025(2) dt.05-02-2026 3/3 5.

Considering the aforesaid facts and circumstances of the case and specifically taking into account the fact that trial is on the verge of its conclusion, this Court is not inclined to allow the appeal. Appeal is accordingly dismissed. 6.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T