Patna High CourtCR. MISC./54214/2017rejected

Yogendra Yadav @ Loha Singh v. The State Of Bihar

2018-01-24Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54214 of 2017 Arising Out of PS.Case No. -182 Year- 2001 Thana -BARH District- PATNA ====================================================== Yogendra Yadav @ Loha Singh Son of Late Jagat Ray Resident of villageRajpura, P.S.- Athmalgola, District- Patna .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Yadav For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Barh P.S. Case No.182 of 2001, registered under Sections 302/34 of the Indian Penal Code as well as under Section 27 of the Arms Act.

Allegation in brief is that the accused persons made demand of extortion from M/s Gaiman India Project Manager and when demand was not met, the Guard Supervisor of the Company was shot dead by the criminals.

Learned counsel for the petitioner submits that petitioner is not named in the FIR and three witnesses up-till-now examined by the prosecution have not supported its case and the petitioner is in custody since 27.05.2016.

Patna High Court Cr.Misc. No.54214 of 2017 (4) dt.24-01-2018 2 /2 Learned counsel for the State submits that there is evidence in the case diary that the witnesses saw the petitioner's shooting at the Guard Supervisor for not fulfilling the demand of extortion and the petitioner has also several criminal antecedents. Having considered the said facts and circumstances, the prayer of bail of the petitioner is rejected in connection with Barh P.S. Case No.182 of 2001, pending in the court of learned 2nd Additional Sessions Judge, Barh.

However, the trial court is directed to expedite the trial and preferably conclude the same within a year. (Arun Kumar, J.) S.Kumar/- U T