Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6837 of 2020 Arising Out of PS. Case No.-32 Year-2015 Thana- BAUNSI District- Banka ====================================================== UMESH YADAV Son of Late Surendra Yadav Resident of Village - Rangapathar, Police Station - Katoria, District - Banka. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee, Adv For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-09-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Section 302/34 of the I.P.C. and Section 27 of Arms Act.

Petitioner had earlier moved this Court for regular bail vide Cr. Misc. No. 78322 of 2018 which was rejected on 17.01.2019 with a direction to the trial court to conclude the trial within one year.

Allegation against petitioner is of firing upon the father of informant, as a result of which he died on the spot.

Patna High Court CR. MISC. No.6837 of 2020(5) dt.30-09-2020 2/2 It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. There is direct allegation against petitioner of firing upon the father of informant, as a result of which he died, as such, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is hereby rejected at this stage.

Trial Court in its report has stated that 2 witnesses are yet to be examined and trial will be concluded within 6 months, as such, trial court is directed to conclude trial within six months from the date of receipt/production of a copy of order passed by this Court.

(S. Kumar, J) veena/rajivU T