Patna High CourtCR. MISC./19331/2024bail rejected

Anil Yadav v. The State Of Bihar

2024-05-10Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19331 of 2024 Arising Out of PS. Case No.-41 Year-2022 Thana- SONO District- Jamui ====================================================== Anil Yadav Son Of Late Mahendra Yadav R/O-Bhithra, P.S.-SONO, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with S.Tr. No. 02 of 2024 (arising out of Sono Charkapathar) P.S. Case No. 41 of 2022 dated 27.01.2022, lodged under Sections 147, 148, 149, 341, 342, 323, 324, 325, 326, 447, 307, 302, 504, 506 and 354 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, there is a direct allegation against the present petitioner that he has attacked on the head of deceased by stone.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner is in custody since 16.08.2023 having clean antecedent. He further submits that the other co-accused

Patna High Court CR. MISC. No.19331 of 2024(3) dt.10-05-2024 2/2 persons have been granted bail by the Co-ordinate Bench of this Court vide order dated 13.12.2022, 06.02.2023, 24.01.2024 and 02.09.2022 passed in Cr. Misc. No. 49760 of 2022, Cr. Misc. No. 57537 of 2022, Cr. Misc. No. 2211 of 2024 and Cr. Misc. No. 33360 of 2022 respectively.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that it is true that bail has been granted to other co-accused persons but against the present petitioner, there is a direct allegation.

6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner and therefore, his bail petition is hereby rejected.

7. The trial Court is directed to expedite the trial within one year from today and if trial shall not be concluded within the said period, then in that case, liberty shall be to the petitioner to pray for bail.

(Dr. Anshuman, J) sadique/- U T