Awadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14175 of 2022 Arising Out of PS. Case No.-137 Year-2020 Thana- HUSSAINGANJ District- Siwan ====================================================== Awadhesh Yadav, Son of Ramashray Yadav, Resident of Village - Parari (Padari), P.s.- Hussainganj (M.H.Nagar), Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai, Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-05-2022 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Hussainganj (M.H. Nagar) P.S. Case No.137 of 2020 giving rise to S.Trial No.30 of 2021 registered for the offence punishable under Sections 341, 323, 307, 302, 504, 506/34 of the Indian Penal Code, which is pending in the court of learned Additional District & Sessions Judge-VIII, Siwan. Petitioner's prayer for bail was earlier rejected. Allegation is of death being caused as a result of shock and haemorrhage and that at least five injuries have been sustained by the deceased, wherein the petitioner along with his family members have allegedly assaulted the victim. Three witnesses, out of six have already appeared to

Patna High Court CR. MISC. No.14175 of 2022(3) dt.18-05-2022 2/2 depose and have deposed at the trial, as per the report of the trial court dated 26.04.2022.The petitioner is stated to be in custody since 06.06.2020 and in view of the fact that three witnesses remained to be examined, counsel for the informant also submits that in all likelihood the trial would proceed without any undue adjournments or unnecessary delay.

The application thus stands dismissed.

The prayer for bail is rejected with an observation that the trial court should proceed expeditiously without granting any undue adjournments or unnecessary delay. This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

(Madhuresh Prasad, J) PNM U T