Patna High CourtCR. MISC./30255/2016rejected

Niranjan Yadav v. The State Of Bihar

2016-09-14Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30255 of 2016 Arising Out of PS.Case No. -36 Year- 2013 Thana -SHAKURABAD District- JEHANABAD ====================================================== Niranjan Yadav, Son of Ram Brat Yadav, Resident of Village- Uchita, Police Station- Sakurabad, District Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Narayan Singh, Advocate For the Opposite Party/s : Mr. Arun Kumar Panday, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 14-09-2016 Heard learned counsel for the petitioner and learned counsel for the State. Also, perused the report submitted by the trial court, from which, it would appear that by now altogether four witnesses including the informant and doctor have already been examined.

The petitioner has renewed his prayer for bail in connection with Sakurabad P.S. Case No. 36 of 2013 registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 24.11.2014 on merits. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.30255 of 2016 (4) dt.14-09-2016 2 / 2 petitioner that the petitioner is in custody since 27.10.2013 and the trial is not likely to conclude in near future, as out of fourteen charge-sheet witnesses only four have been examined till date.

On the other hand, learned APP for the State has submitted that there is direct and specific allegation that the petitioner opened fire from a close range causing injury to the husband of the informant, as a result of which, he died instantaneously.

Regard being had to the allegations made in the FIR, the reasons assigned in order dated 24.11.2014 passed in Cr. Misc. No. 42276 of 2014 and the advance stage of trial, I am not inclined to grant bail. Accordingly, the application for bail is rejected.

However, the trial court is directed to expedite the trial and conclude the same as early as possible. (Ashwani Kumar Singh, J.) Sanjeet/- U T