IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3811 of 2025 Arising Out of PS. Case No.-2 Year-2000 Thana- BARAUNI RAIL P.S. District- Begusarai ====================================================== Nagendra Yadav @ Lagindra Yadav @ Nagendar Yadav Son of Late Sukar Yadav, Resident of village- Kasha, PS- Chakia, District -Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar, Adv. For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 3 22-03-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner seeks bail in connection with Barauni Rail PS Case No. 02 of 2000 dated 06-01-2000 instituted for the offence punishable under Section 395 of the Indian Penal Code. 3. The prosecution case, in brief, is that on 05-01-2022, while the informant was traveling on a train he saw a group of 6-7 young men gathered near the bathroom. Later, these men, armed with pistols and knives, robbed passengers of cash, watches, and belongings. One of the robbers wore a red monkey cap covering his face. The robbers assaulted those who resisted, causing injuries. Among the victims, Narayan Bhagat lost Rs.5000 and a woolen shawl, Rajesh Patna High Court CR. MISC. No.3811 of 2025(3) dt.22-03-2025 2/4 Kumar lost Rs.2500 and clothes, Pramod Kumar Singh lost Rs. 2000 and a watch, and Sitaram Malpani lost Rs. 600. The robbers fled away when the train slowed down. 4. Learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. It is submitted that this is a case of misuse of bail. It is further submitted that the case was instituted in the year 2000, and the petitioner was arrested on 30-07-2000. Thereafter, he was released on bail on 25-11-2000 and had been diligently appearing before the Court on each and every date and made pairvi of his case. It is next submitted that a summon was issued against the petitioner on 20-01-2006, but it was never served upon him. Notwithstanding this, a non-bailable warrant was issued against him and other co-accused persons on 30-11-2006. Thereafter, on 16-07-2010, the concerned court directed for the issuance of a non-bailable warrant along with processes under sections 82 and 83 of the Cr. P.C. Further, on 05-04-2016, a process under section 82 of the Cr.P.C. was issued against the petitioner, and on 13-09-2022, process under section 83 of the Cr.P.C. was issued. A reminder was issued on 01-04-2023, and ultimately, on 07-07-2023, the petitioner was declared an absconder, and a permanent warrant of arrest was Patna High Court CR. MISC. No.3811 of 2025(3) dt.22-03-2025 3/4 ordered against him. The petitioner was eventually apprehended on 04-03-2024 and since then has remained in judicial custody. It is submitted that three other criminal cases are pending against the petitioner, all are of similar offences under Sections 395 and 397 of the IPC. 5. On the other hand, learned APP for the State has vehemently opposed the prayer for bail, contending that the petitioner’s bail bond was cancelled on 30-11-2006 due to his non-appearance. All the processes have been issued against the petitioner, and lastly, on 07-07-2023 he was declared an absconder. The petitioner was ultimately apprehended after a lapse of 17 years from the date of his cancellation of bail. 6. Having heard the learned counsel for the parties and considering the nature and gravity of the allegation, and the petitioner’s conduct in evading judicial proceedings for a prolonged period, this Court is not inclined to grant bail to the petitioner. 7. The Trial Court is directed to expedite the trial and take all endeavour to conclude the trial at the earliest, preferably, within a period of one (01) year from the date of receipt or production of a copy of this order. In the event, the trial is not concluded within the stipulated period, the petitioner Patna High Court CR. MISC. No.3811 of 2025(3) dt.22-03-2025 4/4 shall be at liberty to renew his prayer for bail after the expiry of one year. 8.Accordingly, the bail application stands rejected. shyambihari/- (Khatim Reza, J) U