Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25524 of 2020 Arising Out of PS. Case No.-213 Year-2018 Thana- BUXAR MUFFSIL District- Buxar ====================================================== GANESH YADAV Son of Banwari Yadav Resident of Nai Bazar, Mathiya More, P.S.- Buxar Town in the District of Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

This application for grant of regular bail in connection with S. Tr. No. 47 of 2019 arising out of Buxar Muffasil P.S. Case No. 213 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 326, 307 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner had earlier approached this Court for grant of regular bail, which was rejected by an order dated 11.12.2019 passed in Cr. Misc. No. 48535 of 2019. While rejecting the petitioner's application for regular bail,

Patna High Court CR. MISC. No.25524 of 2020(2) dt.22-01-2021 2/3 the Court had noticed that there was direct allegation against the petitioner of assault made by firearm. The Court had, however, granted the petitioner liberty to renew his prayer for bail after six months, if in the meanwhile, there was no substantial progress at the trial.

Learned counsel appearing on behalf of the petitioner has submitted that there is no substantial progress at the trial. He has further submitted that with reference to the injury report that the firearm injury has been found to be simple in nature. The petitioner is in custody since 29.11.2018. It is being argued that because of prevailing pandemic, it may not be possible for the Court below to expeditiously conclude the trial. In such circumstance, learned counsel for the petitioner has argued that the petitioner cannot be allowed to remain in custody for an indefinite period.

Considering the aforesaid submission and the observation made by this Court in the order dated 11.12.2019, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.25524 of 2020(2) dt.22-01-2021 3/3 of the learned Additional Sessions Judge-III, Buxar in S. Tr. No. 47 of 2019 arising out of Buxar Muffasil P.S. Case No. 213 of 2018.

(Chakradhari Sharan Singh, J) AKASH/- U T