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Patna High CourtCR. MISC./28614/2015dismissed

Jitendra Kumar @ Jitendra Kumar Yadav@Jitendra Yadav v. The State Of Bihar

2015-08-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28614 of 2015 Arising Out of PS.Case No. -184 Year- 2013 Thana -NAUBATPUR District- PATNA ====================================================== Jitendra Kumar @ Jitendra Kumar Yadav @ Jitendra Yadav son of Sri Om Prakash Chautala @ Boudha resident of Village - Mahadev Asthan, Naubatpur, P.S. - Naubatpur, District - Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Singh, Adv. For the Opposite Party/s : Mr. Yogendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-08-2015 Heard both sides.

The petitioner seeks bail in Naubatpur P.S. Case No. 184 of 2013, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code and 27 of the Arms Act. The petitioner is alleged to have fired on the forehead of Birja Yadav causing his death on the spot.

Learned counsel for the petitioner submits that five witnesses including the informant have already been examined but they did not support the prosecution case.

Having considered the nature of allegation that it was the petitioner who fired causing death of Birja Yadav on the spot, I am not inclined to enlarge the petitioner on bail. Accordingly, the

Patna High Court Cr.Misc. No.28614 of 2015 (2) dt.05-08-2015 2/2 same is rejected.

The trial court is directed to expedite the trial and conclude the same within six months from the date of receipt of this order as the petitioner is in jail for two years. If the trial is not concluded within six months, the petitioner may renew his prayer for bail firstly in the trial court.

(Prabhat Kumar Jha, J.) Rakhi/- U T