Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7099 of 2020 Arising Out of PS. Case No.-301 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SUNIL YADAV S/o Rajaram Yadav R/o village- Shantinagar Suja, P.S.- Muffasil, District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Murlidhar Mishra, Advocate For the State :

Mr. Anand Kishore Choudhary, APP For the informant :

Mr. Binod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-10-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. The bail application of the petitioner was rejected vide Annexure 1 to the present application by a co-ordinate Bench of this Court with an observation to renew his prayer for bail after a period of six months. In the light of the observation made by the co-ordinate Bench, the present application has been filed.

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in a case instituted for the

Patna High Court CR. MISC. No.7099 of 2020(3) dt.16-10-2020 2/3 offences under Sections 323, 379, 387, 504, 307/34 of I.P.C. and 27 of the Arms Act.

Prosecution case, in short, is that on the order of coaccused Rajaram Yadav, the petitioner shot fire from his pistol, which hit to the informant's nephew, due to which he fell down on the ground and thereafter he was taken to the Hospital for treatment.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.06.2018. He has remained in custody for more than two years. There is no allegation of tampering of witnesses alleged against the petitioner. A report was called for from the trial court regarding the stage of the case. It has been reported that charge sheet witnesses have been examined in this case. The material exhibit like bullet removed by the medical operation from the brain of the victim has not been produced. For the said reason the trial is pending and also due to lockdown to combat COVID-19 pandemic.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R.

Considering the observation made by a co-ordinate

Patna High Court CR. MISC. No.7099 of 2020(3) dt.16-10-2020 3/3 Bench of this Court and the petitioner has remained in custody for more than two years, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge 10, Begusarai in connection with S.Tr. No.52 of 2019 arising out of Begusarai Muffasil P.S. case No.301 of 2018.

(Sudhir Singh, J) Narendra/- U T