Ramvir Yadav @ Ramveer Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31983 of 2023 Arising Out of PS. Case No.-35 Year-2019 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== RAMVIR YADAV @ RAMVEER YADAV Son of RAMNANDAN YADAV Resident of Village- Kabirpur, P.S.- Shekhopur Sarai, District- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Syed. Rizwanul Haque, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 28-06-2023 1.

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

2.

Petitioner seeks regular bail in connection Shekhopur Sarai P.S. Case No.35 of 2019 dated 03.05.2019 registered for the offence(s) punishable under Section(s) 147, 148, 149, 341, 323 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3.

This is second attempt of the petitioner for the relief of regular bail after his earlier prayer for the same relief was rejected by this Bench vide order dated 12.10.2022 passed in Cr. Misc. No.32059 of 2022 preferred by this petitioner and now the petitioner has come again for the same relief.

Patna High Court CR. MISC. No.31983 of 2023(3) dt.28-06-2023 2/3 4.

As per the allegation, the petitioner fired at the son of the informant as a result of which he became injured. 5.

The fresh grounds taken by learned counsel for the petitioner in the present petition are that the petitioner has been languishing in jail since 22.10.2021 and he has spent about one year and eight months in jail and no significant development in the petitioner's trial has taken place after the rejection of petitioner's earlier prayer and prosecution witnesses were examined on 07.06.2022 but thereafter no prosecution witness was produced and examined which shows the prosecution's slowness in producing and examining the prosecution witnesses and the same also shows the lingering attitude on the part of prosecution in concluding the petitioner's trial.

6. Learned APP appearing for the State opposes the bail prayer.

7. Heard both the sides. Though there is a serious allegation against this petitioner but considering his judicial custody period which has been about one year and eight months and prosecution's slowness in producing and examining the prosecution witnesses as mentioned above, in the opinion of this court, in the present circumstances the petitioner now deserves to a lenient approach of this court. Accordingly, let the petitioner

Patna High Court CR. MISC. No.31983 of 2023(3) dt.28-06-2023 3/3 be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Shekhopur Sarai P.S. Case No.35 of 2019.

(Shailendra Singh, J) sangam/- U T