Patna High CourtCR. MISC./9077/2020rejected

Ramashish Yadav v. The State Of Bihar

2020-10-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9077 of 2020 Arising Out of PS. Case No.-208 Year-2018 Thana- GOGRI District- Khagaria ====================================================== RAMASHISH YADAV Son of Jai Narayan Yadav @ Jamli Yadav Resident of Village - Shergarh, P.S.- Gogari, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajit Kumar, Advocate.

For the Opposite Party/s :

Mr.Harendra Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-10-2020 Heard the parties in virtual Court.

The petitioner is languishing in custody for the offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier prayer for bail was refused on 03.06.2019 vide order at Annexure-1, as allegation against the petitioner is that he is the main assailant of the deceased. Report of the trial Judge reveals that only one prosecution witness has been examined uptill now. Petitioner is in custody since 29.06.2018.

Considering the nature of allegation against the petitioner, I am not inclined to enlarge him on bail for the present in connection with Gogari P.S. Case No. 208 of 2018 pending in the Court of learned A.D.J.-III, Khagaria.

Patna High Court CR. MISC. No.9077 of 2020(3) dt.20-10-2020 2/2 Hence, prayer for bail of the petitioner is refused. Learned trial Judge is directed to expedite the trial of the aforesaid case and conclude the same preferably within nine months.

The SP, Khagaria shall ensure production of the remaining prosecution witnesses in connection with the aforesaid case.

Let a copy of this order be sent to the SP, Khagaria. If the trial is not concluded within nine months from the date of receipt/production of a copy of this order, petitioner would be at liberty to renew the prayer for bail. (Birendra Kumar, J) mantreshwar/- U T