Jogindra Bharti @ Jogi Bharti @ Yogendra Bharati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23165 of 2020 Arising Out of PS. Case No.-25 Year-2017 Thana- SUHAIL District- Gaya ====================================================== JOGINDRA BHARTI @ JOGI BHARTI @ YOGENDRA BHARATI Son of Fakira Bharti @ Pakira Bhuiya Resident of Village - Shohiya Pakri, Police Station - Salaiya- Now Sohali, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajesh Kumar, Adv.

For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Gulnar Begum, the learned APP for the State.

The present petition for grant of regular bail is a third attempt at the behest of the petitioner herein in connection with Sohail P.S. Case No. 25 of 2017 under Sections 147, 148, 149, 342, 452, 302 and 120(B) of the Indian Penal Code inasmuch as

Patna High Court CR. MISC. No.23165 of 2020(2) dt.15-09-2020 2/3 the petitioner had earlier approached this Court for grant of bail, which has been rejected twice, firstly, by an order dated 09.07.2018 passed in Criminal Miscellaneous No. 27315 of 2018 and secondly, by an order dated 07.08.2019 passed in Criminal Miscellaneous No. 4223 of 2019.

The allegation made in the F.I.R. is regarding the accused persons including the petitioner herein having assaulted the deceased resulting in his death.

The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 15.12.2017, though charges have been framed and trial has commenced, but there is no likelihood of the conclusion of the trial in near future and moreover, the petitioner is suffering from various ailments, hence, requires urgent treatment.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

I have heard the learned counsel for the parties and I find that there has been no change in

Patna High Court CR. MISC. No.23165 of 2020(2) dt.15-09-2020 3/3 circumstance, from the date the prayer of the petitioner for grant of regular bail was rejected earlier twice, till date, hence, there is no occasion to reconsider the prayer of the petitioner for grant of regular bail, especially in view of the petitioner being alleged to have committed a heinous crime, thus, I do not find any merit in the present petition. Accordingly, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T