Shobha Nand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8062 of 2015 Arising Out of P. S. Case No. -72 Year- 2009 Thana -NAUHATTA DistrictSAHARSA ====================================================== Shobha Nand Yadav Son of Late Hari Nandan Yadav, R/o Village Ramji Tola Bhelahi, P.S. Nauhatta, District- Saharsa .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amarnath Jha, Adv. For the Opposite Party/s : Mr. Md.Fahmuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 21-04-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 429/34, 379 of IPC and 27 of the Arms Act.

Allegation against the petitioner is to have assaulted the deceased.

Learned counsel for the petitioner submits that other co-accused has been granted bail and there is no chance of concluding the trial in near future.

Learned counsel for the State submits that there is specific allegation of overtact against the petitioner that he had cut the different parts of the deceased by Dabia (a sharp cutting

Patna High Court Cr.Misc. No.8062 of 2015 (3) dt.21-04-2015 2/2 weapon) and he has also criminal antecedent. The prayer for bail of the petitioner was earlier rejected by this Court twice vide Annexures-2 and 3.

It appears from the report of the trial Court that five prosecution witnesses have already been examined and the Investigating Officer and some of the witnesses are yet to be examined and the trial is at crucial stage.

Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected.

Let the trial be expedited.

(Amaresh Kumar Lal, J) Kanchan/- U T