Patna High CourtCR. MISC./30647/2023bail granted

Karu Yadav @ Ranjeet Yadav v. The State Of Bihar

2023-06-28Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30647 of 2023 Arising Out of PS. Case No.-184 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== KARU YADAV @ RANJEET YADAV SON OF PUNAI YADAV RESIDENT OF VILLAGE - CHAMPAPUR, PIJURPUR, P.S. - BAKHTIYARPUR, DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-06-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Bhakhtiyarpur P.S. Case No. 184 of 2020 registered under section 307 and other sections of the Indian Penal Code and section 27 of the Arms Act.

3. The earlier application for bail of the petitioner was rejected vide order dated 23.8.2021 passed in Cr. Misc. no.11902 of 2021 and order dated 28.9.2022 passed in Cr. Misc. No.41126 of 2022.

4. As per the prosecution case, the petitioner is said to have fired from his pistol injuring the sister of the informant in her head.

5. Learned counsel for the petitioner submits that the petitioner in a case under section 307 of the Indian Penal Code,

Patna High Court CR. MISC. No.30647 of 2023(3) dt.28-06-2023 2/2 is in custody since 16.8.2020 and there is no progress whatsoever in the trial in the learned trial Court. He undertakes to cooperate in the trial.

6. Heard learned A.P.P. for the State.

7. A report was called for from the learned trial Court. As per the report received contained in letter dated 25.5.2023 from the Additional District and Sessions Judge 5th, Barh, charge has been framed in the trial Court on 5.7.2023 but till the date of the report (25.5.2023), not a single witness has been examined on behalf of the prosecution.

8. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner, the contents of the report received from the learned trial Court, charge having been framed in the trial Court and the petitioner having remained in custody since 16.8.2020, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.391 of 2022 (arising out of Bakhtiyarpur P.S. Case no. 184 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V, Barh, Patna.

Bibhash/- (Partha Sarthy, J) U