Santan Kumar @ Madan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 33399 of 2021 Arising Out of PS. Case No.-237 Year-2019 Thana- KISHUNPUR District- Supaul ====================================================== SANTAN KUMAR @ MADAN YADAV Son of Jagdish Yadav @ Tunay Yadav Resident of Village - barahatha, P.S. - Kishanpur, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2021 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner seeks bail in connection with S.T. No.196/2020 arising out of Kishanpur P.S. case No.237/2019 registered under Sections 201, 302, 364/34 of the Indian Penal Code, pending in the court of Additional Sessions Judge V, Supaul.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that it is a case of abduction cum murder and as per Section 106 of the Evidence Act, onus is on the petitioner to

Patna High Court CR. MISC. No. 33399 of 2021(3) dt.29-09-2021 2/2 explain the cause of death of the deceased.

A report was called for from the trial court. It has been reported that trial is likely to be concluded within a period of six months.

Considering the nature of accusation and the stage of the case, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T