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Patna High CourtCR. MISC./25925/2022dismissed

Vinod Yadav v. The State Of Bihar

2022-08-18Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25925 of 2022 Arising Out of PS. Case No.-47 Year-2014 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== 1.

Vinod Yadav.

2.

Anil Yadav @ Grih Yadav Both S/o Shiv Das Yadav, Resident of Village-Gehuwa, P.S.- Chand, District- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-08-2022 Heard learned counsel for the petitioners and the learned APP for the State.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioners are in judicial custody in connection with Chainpur P.S. Case No.47 of 2014 instituted under Sections 324/34,307 of the Indian Penal Code and 27 of the Arms Act. As per the allegation in the FIR, which was lodged in 2014, the informant has alleged that while his brother was attending the call of nature, it is alleged that all the named accuseds including the petitioner herein opened fire which caused injury on his hand and chest. Further allegation is that they again resorted to firing which hit his leg. He submits that

Patna High Court CR. MISC. No.25925 of 2022(2) dt.18-08-2022 2/2 despite that indiscriminate firing, fortunately he saved himself. As stated above the matter is of 2014 and it was only in the month of February, 2022 (25.02.2022) that the petitioner came into judicial custody.

Considering the fact that he evaded arrest for eight long years despite being named in the FIR thus hampering the progress of the Trial, has criminal antecedent, this Court is not inclined to grant the privilege of bail to the petitioner, which is accordingly rejected.

The Trial court is directed to expedite the trial within and conclude the same within a period of one year in view of the fact the matter is of 2015.

(Rajiv Roy, J) Prakash Narayan /- U T