Patna High CourtCR. MISC./53853/2016dismissed

Krishna Yadav @ Kaushal Ji @ Kaushal Yadav v. The State Of Bihar

2017-02-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53853 of 2016 Arising Out of PS.Case No. -421 Year- 2013 Thana -SHERGHATI District- GAYA ====================================================== Krishna Yadav @ Kaushal Ji @ Kaushal Yadav. Son of Tulsi Yadav, Resident of Village- Dewaria, P.S.- Barachatti, District- Gaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kumar Nikhil, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sherghatti P.S.Case No. 421 of 2013 registered for the offences punishable under Sections 147, 148, 149, 307, 302, 326, 332, 333, 121A, 124A, 427, 120B of the Indian Penal Code and 27 of the Arms Act including Section 17 of CLA Act and Sections 10, 13, 16, 20, 21, 38 and 39 of the Unlawful Activities Prevention Act. It has been submitted on behalf of the petitioner that there is omnibus allegation of firing against all the accused persons, including the petitioner and so far antecedent of the petitioner is concerned, he has been made accused in seven other cases but in all cases he has been granted bail and he is in custody since 22.8.2016.

Patna High Court Cr.Misc. No.53853 of 2016 (3) dt.03-02-2017 2/2 Heard learned APP also.

Having heard both sides and considering the fact that there is allegation against the petitioner and others of firing upon police party, apart from that the petitioner has been made accused in seven other cases, I am not inclined to grant bail to the petitioner. Prayer for bail is rejected.

However, from perusal of the report received from the court below it appears that the case has already been committed to the court of sessions. Accordingly, learned court below is directed to expedite the trial and try to conclude the same within nine months.

(Vinod Kumar Sinha, J) spal/- U