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Patna High CourtCR. MISC./24405/2019dismissed

Amarjeet Yadav @ Amariya v. The State Of Bihar

2019-05-01Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24405 of 2019 Arising Out of PS. Case No.-23 Year-2017 Thana- NAYA RAM NAGAR District- Munger ====================================================== Amarjeet Yadav @ Amariya( Male), aged about 30 years, son of Late Ganeshi Yadav @ Late Nawal Kishore Yadav, Resident of Village- Hasanganj, P.S.- Kazim Bazar, Districct- Munger.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Y.C.Verma, Sr. Adv.

Ms. Priyanka Singh, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-05-2019 Heard Sri Y.C.Verma, learned Senior Counsel, assisted by Smt. Priyanka Singh, learned counsel for the petitioner and Sri Ram Sewak Choudhary, learned Addl. Public Prosecutor.

This is third attempt for grant of bail on behalf of the petitioner within short span of time. Firstly, the prayer for bail of the petitioner was rejected on 03.05.2018 and, thereafter, he hurriedly filed second bail petition, which stood dismissed on 31.10.2018 vide Cr.Misc.No.51019 of 2018 and now this is third attempt for grant of bail on behalf of the petitioner. Sri Verma, learned Senior Counsel submits that despite the fact that the petitioner is in custody since February, 2018 and in the case, charge was already framed in the month of

Patna High Court CR. MISC. No.24405 of 2019(3) dt.01-05-2019 2/2 July,2018, even single witness has not been examined till date. He submits that this is a changed circumstance for entertaining the present bail petition.

Fact remains that the petitioner's prayer for bail was rejected considering serious accusation relating to kidnapping and the petitioner is in custody in Naya Ram Nagar (Safiya Sarai) P.S. Case No.23 of 2017 registered for offence under Section 364 of the Indian Penal Code.

In view of the fact that on merit, repeatedly the prayer for bail of the petitioner has been rejected, there is no reason to again entertain the same prayer.

Accordingly, the petition filed for bail stands dismissed.

However, considering the fact that charge in the case has already been framed in the month of July,2018, while dismissing the bail petition, it is desirable to observe that the learned trial court may take appropriate steps, so that the case may come to its logical end without unnecessary delay. (Rakesh Kumar, J.) nawalkrs/- U T