Chandan Yadav @ Chandan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29519 of 2019 Arising Out of PS. Case No.-39 Year-2018 Thana- AMDABAD District- Katihar ====================================================== CHANDAN YADAV @ CHANDAN KUMAR YADAV Son of Bharat Yadav Resident of Village- Chowk Chama, P.S.- Amdabad, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 09.03.2018 in a case registered for the offences punishable under Sections 341, 504, 323, 307, 34 of the Indian Penal Code.

The prosecution case is that the informant's brother, Kanhaiya Chaudhary along with co-villager, Sonu Kumar and Deepak Mandal were returning, but on they way, the petitioner and other accused persons started abusing them. On protest being made, the petitioner and co-accused brutally assaulted them. It is further alleged that the petitioner threw the brother of the informant from the bridge causing head injury. Subsequently, the brother of the informant succumbed to the

Patna High Court CR. MISC. No.29519 of 2019(7) dt.20-11-2019 2/2 injuries.

Considering the nature of accusation, earlier the prayer for bail of the petitioner was rejected vide order dated 10.07.2018, passed in Criminal Miscellaneous No. 31415 of 2018.

The report of the learned Additional Sessions JudgeIII, Katihar dated 03.09.2019 reflects that all the prosecution witnesses have been examined and the trial is likely to be concluded within a period of three months.

Considering the preset stage of the trial, this Court is not inclined to grant bail to the petitioner for the present. Accordingly, the prayer for bail of the petitioner in connection with S.T. No. 468 of 2018, arising out of Amdabad P.S. Case No.39 of 2018, pending before the learned is rejected. However, the petitioner would be at liberty to renew the prayer for bail, if the trial is not concluded by 30th of January, 2020.

(Dinesh Kumar Singh, J) Ashwini/- U T