Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29768 of 2020 Arising Out of PS. Case No.-61 Year-2019 Thana- PALI District- Jehanabad ====================================================== BIRENDRA YADAV S/o Late Jagdish Yadav Resident of VillageBeldarichak, P.S.- Sigori, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case for the offence registered under Sections 302, 307, 326, 120(B) of the Indian Penal Code and 3/5 of Explosive Substances Act. Earlier prayer for bail of the petitioner was rejected vide Annexure-1 to the present application taking into account that in course of investigation, some of the prosecution witnesses were examined under Section 164 Cr.P.C. and out of them, three prosecution witnesses had stated that the petitioner was the assailant and he had exploded the bomb upon the deceased. It is a case of murder of three persons.

Patna High Court CR. MISC. No.29768 of 2020(4) dt.19-01-2021 2/3 A report, from the trial court, has been received. It has been reported that two prosecution witnesses have been examined. One witness is the informant who has supported the allegation made in the FIR and the second witness is Sonadhari Kumar who has also supported the case. As per statement, the petitioner is the assailant.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the nature of allegation and the stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Sessions Trial No. 445 of 2019 arising out of Pali P.S. Case No. 61 of 2019 is rejected.

Learned trial court is directed to take all necessary steps to conclude the trial of the petitioner preferably within a period of nine months from the date of receipt/production of copy of this order.

The District Magistrate and the Superintendent of Police, Jehanabad are directed to ensure the production of witnesses on the date fixed by the trial court so that the trial could be concluded within the stipulated period of nine months. Let a copy of this order be communicated to the

Patna High Court CR. MISC. No.29768 of 2020(4) dt.19-01-2021 3/3 District Magistrate and the Superintendent of Police, Jehanabad for needful.

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