Sanjay Yadav @ Sanjay Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10124 of 2018 Arising Out of PS. Case No.-244 Year-2017 Thana- BANKA District- Banka ====================================================== Sanjay Yadav @ Sanjay Prasad Yadav, Son of Sri Chandra Shekhar Yadav, Resident of Village-Dhaka More, Police Station-Banka, District-Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :
Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks regular bail in a case registered for the offences punishable under Sections 341, 147, 148, 149, 323, 307, 386,379,504,506 of the Indian Penal Code and Section 27 of Arms Act.
According to the FIR, the petitioner who was an Ex-MLA, Godda, along with his criminal associates, numbering 20-25 as well as body guards came outside the gate of the IOCL. The informant was an employee of the Construction Company. The petitioner and others demanded ransom and on non-payment, allegedly, committed assault against the employee and the petitioner fired from his fire-arm. Though, no injury was caused to anybody.
Patna High Court Cr.Misc. No.10124 of 2018(3) dt.16-03-2018 2/3 Learned counsel for the petitioner submits that due to political rivalry false allegation has been levelled. Doctor has found simple injuries on the person of injured. The petitioner is in custody since 29.01.2018, and the allegation is general and omnibus. Learned counsel for the State submits that the petitioner has got several criminal cases against him, which is evident from paragraph 3 to the petition. Though, the petitioner is on bail in most of the cases. Learned counsel for the petitioner has drawn attention that in most of the cases referred in paragraph 3 of this petition has resulted in acquittal of the petitioner.
After hearing the parties and considering the nature of allegation, I am not inclined to enlarge the petitioner on bail for the present in connection with Banka (Barahat) P.S. Case No. 244 of 2017, pending in the court of learned Chief Judicial Magistrate, Banka.
Hence, prayer for bail is refused.
Let the learned trial court expedite and conclude the trial within a period of five months from the date of receipt/production of a copy of this order, failing which the petitioner would be at liberty to renew his prayer for bail before the court below itself. I am not inclined to entertain prayer for interim relief to the petitioner to participate in the Chaitra Puja. The jail authority shall facilitate inside the jail itself, so that the petitioner may
Patna High Court Cr.Misc. No.10124 of 2018(3) dt.16-03-2018 3/3 perform Chaitra Puja.
(Birendra Kumar, J) khushbu/- U T