Patna High CourtCR. MISC./28956/2024rejected

Abhishek Yadav v. The State Of Bihar

2024-07-05Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28956 of 2024 Arising Out of PS. Case No.-285 Year-2022 Thana- AANDAR District- Siwan ====================================================== Abhishek Yadav Son Of Sanjay Yadav Resident Of Village- Gayghat, PsAndar, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar, Advocate For the State :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-07-2024 Heard Mr. Chandra Shekhar, learned counsel for the petitioner and Ms. Nirmala Kumari, learned A.P.P. appearing on behalf of the State.

2. The petitioner seeks bail, who is in custody since 30.12.2022, in connection with S. Tr. No. 391 of 2023 arising out of Andar P.S. Case No. 285 of 2022, FIR dated 26.12.2022 for the offences punishable under Sections 394 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier the prayer for bail of the petitioner was rejected vide order dated 02.08.2023 passed in Cr. Misc. No. 20999 of 2023.

4. Vide order dated 19.04.2024, a report with regard to the present status of the trial was called for. Report of the learned Trial Court dated 18.05.2024 reveals that out of five

Patna High Court CR. MISC. No.28956 of 2024(3) dt.05-07-2024 2/2 witnesses, three witnesses have been examined and two prosecution witnesses are to be examined.

5. Learned APP for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the looted jewellery has been recovered from the house of the petitioner.

6. Considering the facts and circumstances of the case as well as the report of the trial Court, I am not inclined to enlarge the petitioner on bail in connection with S. Tr. No. 391 of 2023 arising out of Andar P.S. Case No.285 of 2022 pending in the Court of learned Sessions Judge, Siwan.

7. Prayer is refused.

8. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) ajay/- U