Patna High CourtCR. MISC./17603/2020rejected

Pujo Yadav v. The State Of Bihar

2020-10-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17603 of 2020 Arising Out of PS. Case No.-345 Year-2019 Thana- GOPALPUR District- Bhagalpur ====================================================== Pujo Yadav, aged about 24 years (M), Son of Late Mouchi Yadav @ Bhauchi Yadav, Resident of Village- Karari, Tintanga, P.S.- Gopalpur, DistrictBhagalpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sharda Nand Mishra, Mr. Deepak Kumar, Advocates For the Opposite Party :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-10-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Gopalpur P.S. Case No. 345 of 2019 for the offence under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

In this case, case diary was called for vide order dated 23.06.2020.

Learned counsel appearing on behalf of the petitioner would submit that on account of grazing of grass by buffalo of the petitioner, the dispute arose which led to assault upon brother of the informant with lathi and danda and ultimately, the injured died.

Patna High Court CR. MISC. No.17603 of 2020(5) dt.12-10-2020 2/2 Learned counsel appearing on behalf of the petitioner submits that there is no eye-witness to the occurrence and only on suspicion, the petitioner has been made accused. Considering the materials available on record, the Court is not inclined to grant bail to the petitioner. The prayer for bail is rejected.

However, the trial court is directed to expedite the trial and conclude the same within a period of six months failing which the court below shall be obliged to release the petitioner on bail on appropriate terms and conditions after expiry of six months.

(Anil Kumar Upadhyay, J) BT/- U T