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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.721 of 2025

Arising Out of PS. Case No.-398 Year-2014 Thana- WAJIRGANJ District- Gaya

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1. Baldeo Yadav @ Basudeo Yadav Son of Loki Yadav Resident of Village -

Mudachak, P.S. - Wazirganj, P.O. - Wazirganj, District - Gaya

2. Sanjay Yadav @ Sanjay Kumar @ Sanju Kumar Son of Baldeo Yadav

Resident of Village - Mudachak, P.S. - Wazirganj, P.O. - Wazirganj, District -

Gaya

3. Vikash Kumar @ Vicky Kumar @ Vicky Son of Baldeo Yadav Resident of

Village - Mudachak, P.S. - Wazirganj, P.O. - Wazirganj, District - Gaya

... ... Appellant/s

Versus

The State of Bihar

... ... Respondent/s

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Appearance :

For the Appellant/s : Mr.Ramakant Singh

For the Respondent/s : Mr.Anand Mohan Prasad Mehta

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR

PANDEY

ORAL ORDER

6 30-01-2026 Ref: I.A. No. 01 of 2026

Heard learned counsel for the appellant No. 1 and

learned counsel for the State.

2. The present interlocutory application has been filed

on behalf of the appellant No. 1 for suspension of sentence and

grant of bail during pendency of the present appeal.

3. While making the prayer for suspension of sentence

and grant of bail to the appellant No. 1, it has been submitted on

behalf of the appellant that the other two appellants i.e.

appellant Nos. 2 & 3 were granted bail after suspension of

sentence vide order dated 26-06-2025 but the prayer of

Patna High Court CR. APP (SJ) No.721 of 2025(6) dt.30-01-2026

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appellant No. 1 was rejected on the ground that the appellant

No. 1 inflicted khanti blow on the head of informant and his

brother.

4. Learned counsel for the appellant No. 1 has

submitted that while rejecting the prayer for bail of the

appellant, this court has observed that the appellant No. 1 may

renew his prayer for bail after six months. The stipulated period

has already elapsed. The appellant No. 1 has remained under

custody for 18 months and the injuries are simple in nature

except one injury on the shoulder of the informant which was

grievous in nature. Learned counsel has also submitted that both

sons of appellant No. 1 had died and he was granted provisional

bail vide order dated 25-09-2025 and the appellant No. 1 has

never misused the privilege of provisional bail.

5. On the other hand, learned APP has opposed the

prayer of the appellant.

6. While refusing the prayer of the appellant No. 1 to

suspend the sentence and grant him bail vide order dated 26-06-

2025, it was observed that the appellant, if so advised, may

renew his prayer for bail and to suspend the sentence after six

months. The stipulated period of six months has elapsed.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. APP (SJ) No.721 of 2025(6) dt.30-01-2026

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and period of incarceration coupled with the fact that there is no

chance of the appeal being taken up for hearing in near future,

during pendency of the appeal, let the sentence of the appellant

No. 1 named above be suspended and they be released on bail

on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

sureties of the like amount each to the satisfaction of learned

Additional District & Sessions Judge-III-cum-Special Judge,

MP/MLA, Gaya in Sessions Trial No. 450 of 2015 arising out of

Wazirganj P.S. Case No. 398 of 2014, G.R. No. 4309 of 2014.

7. During pendency of the appeal, the fine imposed

upon the appellant No. 1 shall remain stayed.

8. Accordingly, interlocutory application No. 02 of

2026 stands allowed

(Nawneet Kumar Pandey, J)

A.K.V.//-

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