Patna High CourtCR. MISC./13894/2020bail rejected

Vindhdyachal Yadav v. The State Of Bihar

2020-09-07Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13894 of 2020 Arising Out of PS. Case No.-55 Year-2018 Thana- RAJPUR District- Buxar ====================================================== VINDHDYACHAL YADAV S/o Vishwanath Yadav R/o village- Lehari Dera (Dihari), P.S.- Rajpur, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-09-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks bail in connection with Rajpur P.S. Case No. 55/2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

Petitioner is said to have shot fire on the forehead of the deceased but submission on behalf of the petitioner is that no firearm injury was found on forehead of the deceased and, moreover, two persons are said to have opened fire on the forehead of the deceased but only one firearm injury was found on the skull of the deceased.

The trial court has reported that the case is running for recording the defence evidence. The report of trial court goes to

Patna High Court CR. MISC. No.13894 of 2020(4) dt.07-09-2020 2/2 show that the trial of the petitioner is on the verge of conclusion, therefore, I am not inclined to release the petitioner on bail for present.

Accordingly, prayer for bail of the petitioner stands rejected.

However, learned trial court is directed to dispose of the trial of the petitioner within five months from the date of receipt/production of a copy of this order either via physical or video conferencing whichever is possible. It is also made clear that, if the trial court fails to dispose of the trial of the petitioner within the above stated period, the petitioner shall be at liberty to renew his prayer for bail.

(Hemant Kumar Srivastava, J) Spd/- U T