Baleshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26874 of 2019 Arising Out of PS. Case No.-36 Year-2018 Thana- JAMUI District- Jamui ====================================================== BALESHWAR YADAV S/o Lakhan Yadav Resident of Village - Dighoya, P.S.- Jamui, District - Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-07-2019 Supplementary Affidavit has been filed on behalf of petitioner stating therein that it is mentioned in para 3 of bail petition that petitioner has no criminal antecedent, but petitioner has one criminal antecedent as Jamui P.S. Case No. 271/2015. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Jamui P.S. Case No. 36/2018, instituted for offences under Sections 147, 148, 149, 307, 447, 504 and 506 of the Indian Penal Code read with Section 27 of Arms Act.

Earlier prayer for bail of the petitioner was rejected by this Court by order dated 30.11.2018 passed in Cr. Misc. No. 70389/2018.

In the written report there is specific allegation against this petitioner of causing firearm injury on the chest of

Patna High Court CR. MISC. No.26874 of 2019(5) dt.03-07-2019 2/2 informant on the right side.

Report from the court below regarding stage of trial has been received wherein it is mentioned that out of 8 charge sheeted witnesses, 4 witnesses have been examined including the doctor. Informant, Investigating Officer and two other nonofficial witnesses are yet to be examined. Summons have already been issued to the witnesses. It is mentioned in the report that trial is likely to be concluded within nine months. There is direct allegation against this petitioner. From the report of the trial court it appears that trial has progressed substantially. Therefore, the prayer of bail of petitioner is again rejected.

The trial court is directed to conclude the trial within a period of nine months from the date of receipt/production of copy of this order either by giving short adjournment or fixing the case on day to day basis and send compliance report to this Court.

(Sanjay Priya, J) rakhi/- U T