Amar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26740 of 2024 Arising Out of PS. Case No.-81 Year-2023 Thana- GOGRI District- Khagaria ====================================================== Amar Yadav Son of Shri Muso Yadav Resident of Village - Shishwa, Police Station - Gogri, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Choudhary For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner has renewed his prayer for bail which was earlier rejected vide order dated 15.12.2023 passed in Cr. Misc. No. 69896 of 2023.

It is a case of opening fire by the petitioner along with other accused persons upon the person of the informant's husband namely Brajesh Yadav due to which he sustained gunshot injury and died.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The allegation against the

Patna High Court CR. MISC. No.26740 of 2024(3) dt.15-05-2024 2/3 petitioner is that he opened fire upon the chest of the deceased but there is no gunshot injury upon the chest of the informant's husband as per postmortem report. The petitioner is languishing in custody since 25.03.2023.

In pursuance to the direction of this Court, a report with regard to the present stage of the trial has been received which has been kept at Flag-A. The report of learned Additional Sessions Judge-V, Khagaria dated 26.04.2024 suggests that trial shall be concluded within a period of four months.

Having considered the facts and circumstances of the case, this Court is not inclined to take a different view in the matter. The prayer for grant of bail to the petitioner stands rejected.

The Trial Court is directed to expedite the trial and conclude the same at the earliest preferably within a period of three months.

The petitioner shall be at liberty to renew his

Patna High Court CR. MISC. No.26740 of 2024(3) dt.15-05-2024 3/3 prayer for bail, if the trial is not concluded within a period of three months.

Accordingly, the petition stands disposed off. (Sunil Kumar Panwar, J) Shageer/- U T