Sonu Yadav @ Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38516 of 2021 Arising Out of PS. Case No.-6 Year-2018 Thana- CHEWARA District- Sheikhpura ====================================================== SONU YADAV @ SONU KUMAR, aged about 26 years (Male), Son of Suresh Yadav, Resident of Village- Ekrama, P.S.- Chewara, DistrictSheikhpra. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anil Kumar, Advocate For the Opposite Party :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-12-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 25.08.2018 in connection with Sessions Trial No. 15 of 2019, arising out of Chewara P.S. Case No. 06 of 2018 in a case registered for the offence under Sections 147, 148, 149, 323, 324, 302 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story, in brief, is that the informant alongwith his wife, son and others went to field for uprooting

Patna High Court CR. MISC. No.38516 of 2021(3) dt.08-12-2021 2/3 the Masuri Crop, in the meantime, petitioner and other coaccused persons came to the field of the informant with Lathi, Danda and Pistol due to land dispute and previous enmity and co-accused Ashok Yadav caught the son of the informant and Sonu Yadav (petitioner) assaulted the son of the informant with Iron rod on the head and others assaulted his son with Lathi, Danda and Rod, as a result of which, his son died on the spot. Earlier the bail application of the petitioner was dismissed for non-prosecution vide Cr. Misc. No. 12011 of 2019 under order dated 30.07.2019, annexed as Annexure-1 to the present application.

A report was called for from the court below regarding the present stage of the case. It has been reported that nine prosecution witnesses have already been examined and evidence of all charge-sheeted witnesses has been recorded and prosecution evidence has been closed and under Section 313 Cr. P.C., the statement of accused persons have been recorded. The defence evidence has also been closed and the case is fixed for defence argument.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Sessions Trial No. 15 of 2019,

Patna High Court CR. MISC. No.38516 of 2021(3) dt.08-12-2021 3/3 arising out of Chewara P.S. Case No. 06 of 2018, pending in the court of learned District and Sessions Judge, Sheikhpura. The court below is directed to take all necessary steps to conclude the trial at the earliest preferably within a period of three months from the date of receipt/production of copy of this order.

(Sudhir Singh, J) U.K./- U T