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Patna High CourtCR. MISC./36320/2021disposed

Jagdish Yadav v. The State Of Bihar

2021-11-24Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36320 of 2021 Arising Out of PS. Case No.-133 Year-2019 Thana- PARAIYA District- Gaya ====================================================== JAGDISH YADAV Son of Shiv Balak Yadav Resident of VillageSikandarpur, P.S.- Paraiya, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-11-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Paraiya P.S. Case No. 133/2019 instituted for the offences under Sections 302, 307/34 of the Indian Penal Code. The prayer for bail of the petitioner was earlier rejected vide order dated 20.08.2020 passed in Cr. Misc. No. 21133 of 2020.

The petitioner is in custody since 02.09.2019 and it is stated that he is seventy four years old. This Court had called for a report about the stage of the case from the court below. It appears that after

Patna High Court CR. MISC. No.36320 of 2021(3) dt.24-11-2021 2/2 the cognizance in this case, there is no further progress. However, regard being had to the nature of accusation against the petitioner, I am not inclined to grant bail to him for the present but looking at the period of his custody, it is directed that if there is no substantial progress in the trial within the next six months, it would be open for the petitioner to approach the Trial Court for grant of bail and in that event the Trial Court would be required to state the reasons for tardy pace of trial.

The petition stands disposed of accordingly.

(Ashutosh Kumar, J) sunilkumar/- U T