Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38579 of 2021 Arising Out of PS. Case No.-10 Year-2013 Thana- BARH District- Patna ====================================================== Ashok Yadav Son of Late Bhago @ Bhagwat Yadav Resident of Village - Dumariya, P.S.- Barh, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-07-2022 Let the defects, if any, be removed within four weeks from today.

Heard Mr. Arun, learned counsel for the petitioner as well as learned counsel for the State.

The petitioner is languishing in custody in connection with Barh P.S.Case No. 10 of 2013 corresponding to Session Trial no. 31 of 2020/ 11 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 302 of the Indian Penal Code and section 27 of the Arms Act. As per prosecution case, it is alleged that on 15.01.2013, the petitioner and other co-accused persons assaulted her husband and father-in-law with lathi and danda and broken their hands and legs. Thereafter the petitioner fired upon her father-in-law over his head and co-accused Sunil

Patna High Court CR. MISC. No.38579 of 2021(7) dt.11-07-2022 2/3 Yadav fired upon the husband of the informant due to which both of them died simultaneously.

It is submitted by the learned counsel for the petitioner that during the course of investigation, it has come that there was a gang rivalry due to which firing has taken place from both the sides and two persons died during firing. The informant is not an eye witness to the alleged occurrence. Petitioner is in custody since 16.07.2019 and apart from the fact that other persons, who have been put on trial in session trial no. 320 of 2017, they have been acquitted by the trial court. On the other hand, learned counsel for the state vehemently, opposed the bail application of the petitioner and submits that there is specific allegation of firing against the petitioner and he has been found involved in six other criminal cases as mentioned in para-3 of the application.

Patna High Court CR. MISC. No.38579 of 2021(7) dt.11-07-2022 3/3 petitioner on bail and as such prayer for bail of the petitioner stands rejected at present.

However, the learned trial court is directed to conclude the trial of the petitioner within a period of six months, failing which the petitioner shall be at liberty to renew his prayer for bail.

(Harish Kumar, J) N.K/- U T