← Library
Patna High CourtCR. MISC./20773/2020bail rejected

Binod Yadav v. The State Of Bihar

2020-09-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20773 of 2020 Arising Out of PS. Case No.-33 Year-2017 Thana- JANKINAGAR District- Purnia ====================================================== Binod Yadav Son of Kallar Yadav Resident of Village- Janki Nagar, P.S.- Janki Nagar, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-09-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 15.09.2017 in connection with Jankinagar P.S.Case No. 33 of 2017 registered under section 302 and other minor sections of the Indian Penal Code.

Earlier, the bail prayer of the petitioner was rejected by a Co-ordinate Bench of this Court but submission on behalf of the petitioner is that the petitioner is in jail custody since long but up till now his trial has not been concluded. Learned counsel for the petitioner submits that the alleged occurrence took place on account of irrigation of land and, therefore, the aforesaid petitioner should be released on

Patna High Court CR. MISC. No.20773 of 2020(2) dt.08-09-2020 2/2 bail.

Petitioner happens to be assailant and it is evident from perusal of fardbeyan of the informant that this petitioner gave Bhala blow causing death of the deceased. Considering the aforesaid facts as well as submission of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail stands rejected. However, the learned trial court is directed to expedite the trial of the petitioner and try to conclude the same as early as possible.

So far as defects are concerned, the same are ignored. (Hemant Kumar Srivastava, J) N.K/- U T