Awadhesh Prasad Yadav @Awadhesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21678 of 2024 Arising Out of PS. Case No.-19 Year-2002 Thana- GOVINDPUR District- Nawada ====================================================== Awadhesh Prasad Yadav @Awadhesh Kumar, Son of Late Chamari Yadav Resident of Village- Jetsari, P.S.- Govindpur, Distt- Nawada... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv.
Mrs. Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-04-2024
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Govindpur P.S. Case No. 19 of 2002 dated 28.06.2002 registered for the offences punishable under sections 147, 148, 149, 342, 323, 324, 325, 307 and 302 of the Indian Penal Code.
3. Mr. Ajay Kumar Thakur, learned counsel appearing for the petitioner submits that the petitioner earlier approached this Court for the relief of regular bail by filing Cr. Misc. No. 74678/2022 which was rejected by this Court vide order dated 27.04.2023 with giving him a liberty to renew his bail prayer after examination of the private prosecution witnesses or after nine months from the date of that order if his trial is not concluded in the said nine months period and now, the petitioner has again come before this Court for the relief of bail mainly on the ground
Patna High Court CR. MISC. No.21678 of 2024(2) dt.19-04-2024 2/2 of no significant progress in his trial as out of 14 chargesheet witnesses, only 4 prosecution witnesses have been examined so far and none of them has supported the prosecution's allegation and the second ground is the petitioner's long incarceration period as he has been languishing in jail since 23.09.2022. Learned counsel further submits that co-accused Ravindra Yadav and Lal Bahadur Yadav carrying similar nature of allegation have been acquitted by the trial court in Sessions Trial Case No. 441 of 2007/268 of 2019 and in between both the parties, there is a land dispute which is said to be the genesis of the occurrence.
4. Mr. Prem Kumar Jha, learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly taking into account the custody period of the petitioner and no significant progress in his trial as submitted above, this Court is now inclined to release the petitioner on bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Govindpur P.S. Case No. 19 of 2002.
(Shailendra Singh, J) annu/- U T