Nitish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26400 of 2021 Arising Out of PS. Case No.-99 Year-2019 Thana- PUNPUN District- Patna ====================================================== NITISH YADAV S/o Suresh Rai Resident of Village- Habibpur, P.S.- Punpun, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-07-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Punpun P.S. Case No. 99 of 2019/ S.T. No. 870 of 2019/ G.R. No. 392 of 2019 for the offence under Sections 363 and 366(A) of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that earlier the prayer for bail of this petitioner had been rejected by this Court vide order dated 05.06.2020 passed in Cr. Misc. No. 10955 of 2020. It is further submitted that charge in this case has been framed on 24.09.2019 and there is no chance of tampering with the evidences of the case. Moreover, there is no likelihood of completion of trial

Patna High Court CR. MISC. No.26400 of 2021(2) dt.14-07-2021 2/2 in near future and the petitioner is rotting in judicial custody since 05.04.2019.

Learned A.P.P. for the State has opposed the prayer for bail and submitted that earlier the prayer for bail of the petitioner has been rejected on merit and now no fresh ground is available on record to reconsider the prayer for bail of this petitioner. Accordingly, the prayer for bail may be rejected.

Considering the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected. However, the trial court is directed to expedite the trial of the case and try to conclude the same preferably within a period of six months form the date of this order. (Arvind Srivastava, J) brajesh/- U T