Patna High CourtCR. MISC./7010/2023bail rejected

Jai Prakash Yadav v. The State Of Bihar

2023-05-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7010 of 2023 Arising Out of PS. Case No.-264 Year-2018 Thana- ALAMNAGAR District- Madhepura ====================================================== JAI PRAKASH YADAV Son of Late Lakhan Yadav Resident of VillageKunjori, P.S.- Alamnagar, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K.Agrawal, Sr. Advocate Mr. Surya Narayan Yadav, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-05-2023 Heard learned counsel for the parties.

The petitioner has renewed his prayer for bail in connection with Alamnagar P.S. Case no. 264 of 2018 registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, the petitioner is stated to have fired killing the grand son of the informant. The earlier application for bail of the petitioner was rejected vide order dated 27.09.2021 (Annexure-1) passed in Cr. Misc. no.16891 of 2021.

Learned Senior counsel appearing for the petitioner submits that the prayer for bail of the petitioner was rejected on earlier occasion on merits by order dated 27.9.2021 directing the

Patna High Court CR. MISC. No.7010 of 2023(4) dt.10-05-2023 2/2 learned trial Court to expedite the trial. Inspite of the petitioner being in custody since 31.12.2018, the trial has still not concluded. He undertakes to cooperate in the trial. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegation in the FIR according to which the petitioner is the main/sole assailant together with the contents of the report of the learned trial Court contained in letter dated 6.4.2023, according to which 7 out of the 9 prosecution witnesses have been examined, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial Court is directed to expedite the trial and conclude the same within a period of six months from the date of receipt/communication of this order.

(Partha Sarthy, J) Bibhash U