Brajesh Yadav @ Ladha Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23748 of 2020 Arising Out of PS. Case No.-116 Year-2018 Thana- NAUGACHIA District- Bhagalpur ====================================================== BRAJESH YADAV @ LADHA YADAV Son of Late Sattan Yadav Resident of Village- Bhawanipur, P.S.- Gopalpur (Rangra), Distt- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Ram Chandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sessions Trial No.873 of 2018 arising out of Naugachia P.S. case No.116 of 2018 registered under Sections 147, 148, 149, 302, 120(B) of the Indian Penal Code and 27 of the Arms Act, pending in the court of Additional District and Sessions Judge 3rd at Naugachia,

Patna High Court CR. MISC. No.23748 of 2020(3) dt.09-12-2020 2/3 District Bhagalpur.

The earlier bail application of the petitioner was rejected vide Annexure 1 to the present application taking into account that the three accused persons including the petitioner were said to have fired upon the deceased and in the postmortem report also the fire arm injuries were found. Hence the petitioner was one of the assailants.

A report was called for from the trial court. It has been reported that due to non-appearance of co-accused, the trial is not proceeding.

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 nine months from the date of receipt/production of a copy of this order. The District Magistrate, Bhagalpur and the Superintendent of Police, Naugachia are also directed to take necessary steps to produce the witnesses on the date fixed by the Trial Court so that the trial could be concluded within the stipulated period.

Let this order be communicated to the District

Patna High Court CR. MISC. No.23748 of 2020(3) dt.09-12-2020 3/3 Magistrate, Bhagalpur and the Superintendent of Police, Naugachia.

(Sudhir Singh, J) Narendra/- U T