Tiropati Yadav @ Tiro Yadav @ Trio Yadav @ Tirupati Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25572 of 2023 Arising Out of PS. Case No.-20 Year-2019 Thana- SHAMBHUGANJ District- Banka ====================================================== TIROPATI YADAV @ TIRO YADAV @ TRIO YADAV @ TIRUPATI YADAV SON OF BISHUNDEO YADAV @ BISHNUDEO YADAV Resident of village - Manjhgay, P.S. - Shambhuganj, Distt. - Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-08-2023 1.

Heard the learned counsel for the petitioner and the learned APP for the State.

2.

The present petition is by way of third attempt at the behest of the petitioner for grant of bail in connection with Shambhuganj PS case no. 20 of 2019, registered under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of Arms Act, inasmuch as the earlier petitions of the petitioner for grant of regular bail have all stood dismissed by this Court. 3.

The allegation is regarding the petitioner and one another co-accused person having fired gun shots on the brother of the informant, resulting in his death.

4.

This Court had, vide order dated 21.06.2023, called for a report from the learned court of Additional Sessions

Patna High Court CR. MISC. No.25572 of 2023(3) dt.02-08-2023 2/2 Judge-I, Banka regarding the present stage of the trial and the time likely be consumed for disposal of the same, whereupon the said report has been sent by the learned court of Additional Sessions Judge-I, Banka vide letter dated 24th June, 2023, wherein it has been stated that out of 07 prosecution witnesses, 03 have been examined and discharged and as far as the rest of the witnesses are concerned, non bailable warrants of arrest have been issued. It has also been submitted that in case, the parties co-operate, the trial would be concluded within a period of 06 months.

5.

Having regard to the aforesaid facts and circumstances of the case and considering the fact that the petitioner is languishing in custody since 28.02.2019, I deem it fit and appropriate to direct the learned court of Additional Sessions Judge-I, Banka to make endeavours to conclude the trial within a period of 06 months, failing which, the petitioner shall be at liberty to renew his prayer for bail. 6.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U T