Patna High CourtCR. MISC./31969/2023disposed

Gaurav Yadav v. The State Of Bihar

2024-02-21Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31969 of 2023 Arising Out of PS. Case No.-62 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== Gaurav Yadav S/O Late Nawal Yadav R/O Village- Mojam Patti, P.SBarhara, Distt.- Purnea. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sessions Trial No. 92 of 2020/CIS No. 165 of 2020 arising out of Barhara (Raghubansh Nagar) P.S Case No. 62 of 2019 from the Court of learned Additional District and Sessions Judge-IV, Purnea registered for the offences punishable under Sections 302, 120(B) and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, petitioner along with other co-accused persons threw bomb and fired

Patna High Court CR. MISC. No.31969 of 2023(5) dt.21-02-2024 2/3 indiscriminately which resulted into death of three people on the eve of Saraswati Puja.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that there is no any eye witnesses of the alleged occurrence and none of the prosecution witnesses have supported the version of the informant and the entire allegations against the petitioner are false and concocted. It is also submitted that petitioner is in judicial custody since 03.05.2019.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. The learned Additional District and Sessions Judge-IV, Purnea is submitted his report that it will take almost six months to conclude the trial of this case. Accordingly, if the trial is not concluded within the stipulated period as mentioned by the learned Additional District and Sessions Judge-IV, Purnea, then the petitioner shall have the liberty to file a bail petition before the trial Court.

Patna High Court CR. MISC. No.31969 of 2023(5) dt.21-02-2024 3/3 Accordingly, the prayer for bail of this petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Guddu/- U T