Sanjay Yadav @ Chonga v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15323 of 2022 Arising Out of PS. Case No.-243 Year-2019 Thana- VISHNUPAD District- Gaya ====================================================== SANJAY YADAV @ CHONGA Son of Keshar Yadav R/O Village - Ghugharitand Chatubigha, P.S.- Vishnupad, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rina Sinha, Advocate For the Opposite Party/s :

Mr. Rajendra Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 27-04-2022 Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant of regular bail in a case registered under sections 302 and 34 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, the petitioner is said to have shot the elder brother of the informant leading to his death. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 16.3.2021 (Annexure-1) directing the learned court below to expedite the trial. Inspite of the petitioner being in custody since 17.12.2019, the trial has still not concluded and there is no chance of the same concluding in the near future. Heard learned APP for the State.

A report was called for from the learned trial court.

Patna High Court CR. MISC. No.15323 of 2022(3) dt.27-04-2022 2/2 As per the report received contained in letter dated 18.4.2022 of the learned Addl. District and Sessions Judge 1st, Gaya, 8 witnesses have been examined on behalf of the prosecution and only 3 chargesheet witnesses namely, Renu Kumari, Inspector Jai Shankar Prasad and Inspector Uday Shankar remain to be examined.

Having heard learned counsel for the parties and taking into consideration the nature of allegations against the petitioner together with the progress in the trial in the learned trial court, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

Learned trial court is directed to conclude the trial as expeditiously as possible preferably within a period of four months from the date of communication of this order. The Superintendent of Police, Gaya shall ensure the appearance of the official witnesses in the learned trial court on the date fixed.

(Partha Sarthy, J) Spd/- U T