Tuntun @ Tidha Yadav @ Tuntun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55455 of 2015 Arising Out of PS.Case No. -412 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Tuntun @ Tidha Yadav @ Tuntun Yadav S/o Late Muneshwar Yadav, Resident of village- Ramnagar Bandra Bagicha, P.S.- Kahalgaon, DistrictBhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2016 Heard both sides.

The petitioner seeks bail in a case under Section 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.

The prayer of petitioner for bail was earlier rejected by this court vide order dated 07.04.2015 passed in Cr. Misc. No. 10450 of 2015.

A report was called for from learned Sessions Judge about the stage of Sessions Trial No. 101 of 2015. The learned Sessions Judge has reported that out of 11 witnesses 7 witnesses have already been examined and the trial is likely to conclude within four months.

Patna High Court Cr.Misc. No.55455 of 2015 (3) dt.29-06-2016 2/2 The learned counsel for the petitioner submits that although 7 witnesses have been examined but they have been declared hostile.

Be that as it may, there is specific allegation against the petitioner that it was the petitioner who fired at Pappu Khan killing him on spot and the learned Sessions Judge has reported that the trial is likely to conclude within four months, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T