Patna High CourtCR. MISC./28540/2023bail rejected

Vijay Yadav v. The State Of Bihar

2023-09-15Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28540 of 2023 Arising Out of PS. Case No.-110 Year-2021 Thana- GURUA District- Gaya ====================================================== VIJAY YADAV S/O Ramkeshwar Yadav VILLAGE CHHECHHU BIGHA P.S. GURUA, DISTRICT GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 15-09-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Gurua P.S. Case no. 110 of 2021 registered for the offences punishable under Sections 302/34 of the I.P.C.

3. As per prosecution case, it is alleged that the petitioner and others concertedly committed murder of informant's daughter by cutting the neck in sleeping condition by means of sharp pasuli.

4. Learned counsel for the petitioner submits that on 06.09.2022 vide Cr. Misc. No. 4155 of 2022 prayer for bail of the present petitioner was rejected by this Court and trial court was directed to expedite the trial. Learned

Patna High Court CR. MISC. No.28540 of 2023(5) dt.15-09-2023 2/3 counsel for the petitioner submits that petitioner is in custody since 25.05.2021 and bears no criminal antecedent. He further submits that there is no substantial progress in trial, therefore, prayer for bail of the petitioner may be allowed.

5. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that earlier prayer for bail of the petitioner was rejected by this Court on 06.09.2022 vide Cr. Misc. No. 4155 of 2022 on merit.

6. A report regarding stage of trial has been called for vide order dated 03.05.2023. The trial court vide letter no. 164 dated 25.08.2023 has sent its report which reveals that the record is pending for evidence after charge was framed on 24.07.2023.

7. Considering the facts and circumstances of the case, particularly keeping in view that earlier bail prayer of the petitioner has been rejected on merit as well as report of the trial court, I am not inclined to grant bail to the present petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

Patna High Court CR. MISC. No.28540 of 2023(5) dt.15-09-2023 3/3

8. However, trial court is directed to hear this case on day to day basis so that it may be concluded within nine months from the date of receipt/production of this order. (Alok Kumar Pandey, J) amitkr/- U T